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诉讼调解作为司法实践中独具中国特色的处理纠纷的传统制度,虽然在近年来一直处于不断的变革之中,但在司法改革呼声高涨的今天仍然是争议的焦点。不论是理论界还是实务界都是褒眨不一,甚至于有人提出要取消调解或以和解方式进行替代,以严格的调审分离模式替代现行调解制度,本文认为这对我国调解制度的评价有失公允,我国诉讼调解制度确实存在某些问题,但通过具体制度的完善和改革足以能够消除.
As a traditional system of dealing with disputes with unique Chinese characteristics in judicial practice, the mediation of litigation has been constantly undergoing changes in recent years. However, it is still the focus of controversy today when the voice of judicial reform is on the rise. Both theoretical circles and practical circles are praised and disagreeable. Some people even proposed that the mediation should be canceled or reconciled by reconciliation, and the existing mediation system should be replaced by a strict mode of adjudication and separation. This article considers that there is However, the system of litigation mediation in our country does exist some problems, but it can be eliminated through the improvement and reform of the specific system.