目前中国民事案件审理总体上来说,民事调解的结果还是占很大的比重。但是也有学者认为,在审判责任追究机制下,民事调解成为法官避错的常用手段。法官利用原被告双方的信息不对称,认为构造原被告的囚徒困境,导致最终原被告只能选择调解解决纠纷。本文的观点是:民事调解有其优越性,但是过分适用调解,反而会造成法律的虚无主义。民事诉讼中的调解需要保留,但是必须有其他的机制来保障民事调解高效公平的进行。 At present, the trial of civil cases in China generally accounts for a large proportion of the results of civil mediation. However, some scholars think that under the mechanism of trial responsibility, civil mediation has become a common method used by judges to avoid mistakes. The judge made use of the information asymmetry between the two parties on the original defendant, believing that the former defendant’s dilemma in prison constituted the ultimate choice of the defendant to mediate the dispute. This article’s point of view is: civil mediation has its advantages, but too much application of mediation, but will result in the law of nihilism. Mediation in civil litigation needs to be retained, but other mechanisms must be in place to ensure that civil mediation is conducted efficiently and fairly.