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一、现代司法争端解决机制中存在的问题 中国法律近代化以来,由于法律主要受大陆法系影响,法官控制庭审,包揽一切,掌握主动,尤其民事审判中,在庭审中法官会努力促成当事人双方达成和解。而由解放区马锡五审判方式发展而来的,注重联系实际,顺应民情调解审案,是建国以后在民事审判中始终强调的。近几年的民事审判制度改革,英美式审判方式逐步引入,“随着国内庭审改革的深入,这种对美国模式
I. Problems in the Modern Judicial Settlement Mechanism Since the law was modernized in China, as the law is mainly affected by the civil law system, the judges control the trial, sweeping everything and take the initiative, especially in civil trials. In the trial, the judge will strive to bring both parties involved Reach a settlement. However, from the trial of Ma Xiwu in the liberated areas, the emphasis has been placed on linking with reality and conforming to mediation cases of civil liberties, which has always been emphasized in civil trials since the founding of the People's Republic. In recent years, the reform of civil trial system, the introduction of the Anglo-American trial gradually introduced, ”With the deepening of domestic trial reform, this model of the United States