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以当事人调解方式来处理民事纠纷的理念在我国有悠久的发展历史。现阶段法院调解制度成为了我国人民法院处理民事案件的主要方式之一。但随着社会发展,我国已经进入了社会转型和矛盾多发的时期,法院调解制度出现了不适应社会发展,程序混乱不清等问题。法院调解制度从立法改革和司法实践改革方面等存在诸多争议。因此笔者将从我国法院调解制度的现状和现行政策转变、当前我国法院调解制度存在的问题和对我国法院调解制度完善,这三大问题提出个人的认识和构想,为我国法院调解制度的完善献计献策。
The concept of dealing with civil disputes by means of mediation by the parties has a long history of development in our country. At present, the court mediation system has become one of the main ways in which our people’s courts handle civil cases. However, with the development of society, our country has entered a period of social transformation and contradictions. There has been a problem in the court mediation system that is not suited to social development and the procedures are not clear and confused. There are many disputes in the court mediation system from legislative reform and judicial practice reform. Therefore, the author will put forward personal cognition and conception from the three aspects of the status quo of our country’s court mediation system and the current policy changes, the existing problems of the court mediation system in our country and the perfection of the court mediation system in our country, Offer advice.