关于司法调解,学者对现行制度需要改革的认识基本一致,对调解原则的设定略有争议,但对调解制度模式的选择却众说纷纭,主要的观点有全盘否定说、诉前调解说、审前调解说、全程调解说和诉讼和解说,但均未形成通说。也有些学者着眼于审判权与调解权的区别,形成调审分离说和调审分立说。我国的司法调解改革应首先过渡到调审分离,再向调审分立前进。 Regarding judicial mediation, scholars have basically the same understanding of the need to reform the current system and a bit of controversy over the setting of the mediation principle. However, there are many different opinions on the choice of mode of mediation system. The main points of view are the omission of a full view. Mediation said that the entire process of mediation and litigation and explanation, but did not form a general statement. Some scholars also focus on the difference between the judicial power and the mediation power, and form a separate opinion on mediation and a separate adjudication on trial. China’s judicial mediation reform should first transition to the trial separation, and then proceed to the trial split.