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随着最高人民法院一系列司法解释的出台,委托调解制度得以在我国确立。委托调解制度的确立丰富了多元化纠纷解决机制,是法院借助社会力量调处民事纠纷的新举措。自法院实施委托调解以来,其的确在解决法院案多人少矛盾、减轻当事人纠纷解决成本等方面发挥了重要的作用。同时,其还具有实现调审分离的独特价值。本文从委托调解的概念及在我国的确立过程、委托调解存在的意义、适用案件的范围、具体运作及委托调解协议的司法确认五个方面对委托调解进行阐释,以期对委托调解制度有所完善,使其在社会主义和谐社会的构建中发挥更大的作用。
With the introduction of a series of judicial interpretations by the Supreme People’s Court, the commission mediation system can be established in our country. The establishment of the commission mediation system enriches the mechanism of dispute resolution and is a new measure for the court to mediate civil disputes through social forces. Since the implementation of the entrustment mediation by the court, it has indeed played an important role in resolving the contradictions among many people in the court case and in alleviating the parties’ dispute resolution costs. At the same time, it also has the unique value of separation of reviewing. This article explains the commissioned conciliation from five aspects: the conception of commissioned conciliation and the establishment of our country, the significance of the commissioned conciliation, the scope of the applicable case, the specific operation and the judicial confirmation of the agreement of the conciliation agreement, with a view to improving the commissioned conciliation system So that it will play a greater role in the construction of a harmonious socialist society.