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一、引言2012年修订的《民事诉讼法》第122条规定:“当事人起诉到人民法院的民事纠纷,适宜调解的,先行调解,但当事人拒绝调解的除外。”该规定是我国首次从立法的层面提出了先行调解概念,不仅拓宽了纠纷解决机制和途径,降低诉讼成本,而且极大丰富了被誉为“东方法宝”的富含中华民族传统文化色彩的纠纷解决机制,在新的历史条件下,表现出与时俱进的时代内涵。但是概述性立法的弊端也因此凸显,如先行调解是先于起诉前的调解还是先于审理前的调解?先行调解是诉讼调解还是人民调解?法院自行或由其委托(或委派)其他调解组织
I. INTRODUCTION Article 122 of the Code of Civil Procedure revised in 2012 stipulates: “Unless the parties sue for civil disputes to the people’s court, which are suitable for mediation, they should be mediate first, unless the parties refuse to mediate.” “This provision is the first time that our country The concept of preemptive conciliation was put forward at the legislative level, which not only broadened the mechanism and approach of dispute resolution and reduced the cost of litigation but also greatly enriched the dispute resolution mechanism rich in the traditional Chinese cultural features, known as the ”Oriental Magic Weapon" Under the new historical conditions, it shows the connotation of the times keeping pace with the times. However, the shortcomings of the outline of the legislation are also highlighted, such as the first mediation before the indictment prior to the mediation or prior to the trial before the mediation? Mediation is the first mediation or mediation people? Court itself or by its commission (or commission) other mediation organizations