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人民调解作为“重叠共识”的过程,经历了双方当事人筛选认知差异的抉择管道之后,确立了纠纷得以解决的共同体。自主、自愿和自决是调解过程的根本要旨,人民调解作为存在第三方参与下的博弈过程有无必要归宿于立法值得理论商榷。
As the process of “overlapping consensus”, people’s mediation has experienced the choice of channels for the parties to screen for cognitive differences and established a community in which disputes can be resolved. Independence, voluntariness and self-determination are the basic imperatives of the mediation process. Whether the people mediation as a game process under the existence of a third party is necessary or not depends on whether the legislation is worthy of theoretical discussion.