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调解作为中国独创的具有中国特色的制度,在化解当事人之间的矛盾、解决民事纠纷从而促进社会和谐等方面无疑具有一定的积极意义,然而,在司法实践中,各级各地人民法院由于受传统历史因素的影响,将调解摆在相当重要的位置,甚至出现了将调解结案率作为考核法官工作绩效重要指标的现象,给程序正义带来了负面影响,极易在现行制度框架内出现违背当事人自愿原则的“强制合意”。本文旨在通过对调解制度以及实践中设置调解结案率状况的调查研究,分析将调解结案率作为法官考核标准的现象所存在的弊端,并积极探索该问题的解决方案。
Mediation, as a unique system of Chinese characteristics in China, undoubtedly has some positive significance in resolving the contradictions among the parties and resolving civil disputes so as to promote social harmony. However, in the judicial practice, Historical factors, the mediation put in a very important position, and even the emergence of the arbitration settlement rate as an important indicator of job performance judge the phenomenon of the procedural justice has had a negative impact, easily within the framework of the current system of breach of the parties Voluntary principle “compulsion to agree ”. The purpose of this paper is to analyze the mediation system and the practice of setting the mediation case rate of investigation and study of the mediation of the settlement rate as a judge of the phenomenon of the phenomenon of malpractice and actively explore the solution to the problem.