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法院调解,也称诉讼调解,是指在民事诉讼中,双方当事人在审判人员的主持下,自愿就民事权益的争议,平等地进行协商,达成协议,解决纠纷所进行的活动。中国民事诉讼调解制度存在着诸多问题,针对这些弊端学者提出了各种改革的措施。本文首先反思了中国民事诉讼调解制度存在的问题,接着评析了学者们的理论观点,最后笔者在此基础上提出了中国民事诉讼调解制度的完善路径。
Court mediation, also known as litigation mediation, refers to the parties in the civil proceedings, under the auspices of the trial staff, voluntarily negotiated on civil rights and interests, reached an agreement on an agreement and settled the disputes. There are many problems in the mediation system of civil litigation in China, and various kinds of reform measures are put forward for these abuses scholars. This paper firstly reflects on the existing problems in the mediation system of civil litigation in China, and then analyzes the theoretical opinions of scholars. Finally, on this basis, the author proposes a perfect path for the mediation system of civil litigation in China.