诉讼调解制度是我国民事诉讼中的一项重要制度,贯穿于民事诉讼程序的各个阶段。近年来,随着我国转型期社会矛盾的大量涌现,相对无限的社会纠纷给有限的司法资源带来的压力越来越大。为了能够缓解日益增长的诉讼压力,促进司法资源的合理配置,调解解决纠纷受到了空前的重视。实践中,司法机关将调解率作为一项重要的绩效考核指标,利用诉讼调解的优势功能化解矛盾纠纷、促进社会和谐、实现案结事了。然而法院调解活动在平息讼争、维护社会安定等方面取得了令人瞩目成就的同时,偏重调解也带来了一定的负面效应。由于民事纠纷数量的迅猛增长以及约束调解程序制度的缺失,案件调解率的上升并未缓解不堪重负的执行压力,大多数调解结案的案件仍需强制执行。当越来越多的调解案件进入人民法院执行程序后,调解书执行的问题被凸显出来,调解的案件在一定程度也如同判决一样出现了“执行难”的问题。因此,调查研究诉讼高调解率下的低自动履行率的现象,成为人民法院日益所关注的热点问题。本文在对诉讼调解案件申请执行率高的现状进行实证分析的基础上,分析了其产生的原因,并结合几个基层法院的司法实践,对解决申请执行率高的困境提出了对策建议,盼对学术与实务有所裨益。 Litigation mediation system is an important system in China’s civil litigation, which runs through all stages of civil litigation. In recent years, with the massive emergence of social contradictions in the transitional period of China, the relatively unlimited social disputes have brought more and more pressure on the limited judicial resources. In order to ease the pressure of litigation and promote the rational allocation of judicial resources, mediation and dispute settlement have received unprecedented attention. In practice, the judiciary regards the mediation rate as an important indicator of performance evaluation, uses the superiority of litigation mediation to resolve contradictions and disputes, promotes social harmony and accomplishes the case settlement. However, while the court mediation activities have made remarkable achievements in quelling litigation and safeguarding social stability, the emphasis on mediation has also brought some negative effects. Due to the rapid increase in the number of civil disputes and the absence of a system of restraint mediation, the increase in the rate of mediation of cases has not relieved the pressure on the implementation of overwhelmed pressure. Most mediation cases still need to be enforced. When more and more conciliation cases are brought into the execution procedures of the people’s court, the issue of the implementation of the conciliation statement is highlighted. To some extent, the cases of mediation also appear as “difficult to enforce” as judgments. Therefore, investigating and investigating the phenomenon of low auto-fulfillment rate under the high mediation rate of litigation has become a hot issue that people’s courts are increasingly paying attention to. Based on the empirical analysis of the current situation of the application execution rate in litigation mediation cases, this paper analyzes the reasons for the implementation, and puts forward countermeasures and suggestions to solve the difficult situation of high application execution rates, combining with the judicial practice of several grass-roots courts. The academic and practical benefits.