任何民事纷争都是因为权利而起的,而权利具有受国家强制力保护的严格和神圣的性质,所以在解决民事纷争时应充分保证实现这一点,但现行民事诉讼中强调用调解方式来解决纷争,这使权利不能得到圆满的尊重与保护,我国民法规定公民、法人合法权益不受侵犯的基本原则没有得到程序法的严格配合保障,调解其实是法律文明水准不高的产物,它不仅使权利不能被严格保护,而且不利于树立高度的法律观念。我国司法实践中的调解不同于西方发达国家当事人间的和解(也和法官调解作用有关),西方的和解首在追求效益最大化,而中国的调解倾向则基于中庸之道,违背了法的理性精神。 Any civil dispute arises from the right and the right has the strict and sacred nature protected by the state’s compulsory protection. Therefore, this should be fully guaranteed in the settlement of civil strife. However, the current civil lawsuit emphasizes the use of mediation Disputes, which make the rights can not be satisfactorily respected and protected. The basic principle that our civil law stipulates that the lawful rights and interests of citizens and legal persons are inviolable has not been strictly protected by procedural law. Conciliation is actually a product of low legal civilization. It not only makes Rights can not be strictly protected, and not conducive to establishing a high degree of legal concepts. The mediation in our judicial practice is different from the reconciliation between the parties in the western developed countries (also related to the mediation of judges). The reconciliation in the West is seeking the maximization of benefits while the mediation in China is based on the doctrine of the mean and runs counter to the law’s rationality spirit.