基于对庭审的实地观察和对相关法官的访谈,本文探讨了中国的司法调解如何侵害离婚案件中被打妇女的权利。研究发现,即便法官在庭审时能够证实家暴的发生,但在调解阶段这也会被有意地遗忘和删除。这是因为司法调解不可避免地聚焦于和解的具体安排。提到家暴问题只会招致男方更多的否认和反驳,这可能会使法官调解的努力功亏一篑。本文对离婚案件中必须调解的做法提出了重要的质疑,同时也揭示出司法调解产生的一些更普遍的问题。 Based on the field observations of the trial and interviews with relevant judges, this article explores how China’s judicial mediation infringes the rights of the bereaved women in divorce cases. The study found that even if the judge can confirm the occurrence of domestic violence during the trial, it will be deliberately forgotten and deleted during the mediation phase. This is because judicial mediation inevitably focuses on the specific arrangements for reconciliation. Mentioning domestic violence will only lead to more denial and refutation by the man, which may bring about a loss for the judge’s mediation efforts. This article raises important questions about the need for mediation in divorce cases and also reveals some of the more general issues arising from judicial mediation.