诉讼调解作为民事诉讼的一项基本制度,其基本原则和在审判方式中的位置,经历了迂回、反复的过程。近年来,“优先调解”原则作为指导法院审判行为的原则之一,其正当性与适切性,是本文将从其与法治进程的紧张关系角度出发,探讨的问题。 Litigation mediation as a basic system of civil litigation, its basic principles and its position in the trial mode, has gone through a roundabout and repetitive process. In recent years, “the principle of” priority conciliation "as one of the principles that guide the trial of the court, its legitimacy and pertinence are the questions to be discussed in this article from the perspective of its tension with the rule of law process.