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彻底地解决纠纷、消除矛盾、恢复诉前情感是我国民事审判追求的目标,也是和谐社会建设对人民司法提出的基本要求。而现有审判机制注重解决法律层面的争议,却往往难以消除当事人之间的对立情绪,“缓情恳谈”制度就是为解决上述问题进行的有益探索。本文从“缓情恳谈”制度产生的动因出发,对“缓情恳谈”制度的内涵和价值进行了细致的分析,并提出了“缓情恳谈”制度的具体适用。
To thoroughly solve disputes, eliminate contradictions and restore pre-trial feelings is the goal pursued by our country in civil trials. It is also the basic requirement for people’s justice set forth by the building of a harmonious society. However, the existing trial mechanism pays attention to resolving disputes on the legal level, but it is often difficult to eliminate the antagonistic sentiments between the parties. The “gentle and sincere talk” system is a useful exploration to solve the above problems. This paper analyzes the meaning and value of the system of “fair and sincere” from the motivation of the system of “gentle and sincere” and puts forward the concrete application of the system of “gentle and sincere”.