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人民调解被西方人美誉为“东方一枝花”。但是当前遍布城乡的调解组织并没有发挥其“第一道防线”的应有作用,大量的的矛盾纠纷要靠政府来解决。显然如何对现行调解制度进行改革,提高基层调解工作效率是我们当前面临的一个重要课题。笔者立足于实践,从历史中找寻规律,从规律中寻找出路,努力进行了一些有益的研究探索。一、封建礼治下的调解制度中国古代受儒家“和为贵”思想的影响,在处理民间纠纷中非常重视调解的作用。费孝通先生在《无讼》一文中对解放
People’s mediation is the reputation of Westerners as “a flower of the East.” However, the mediation organizations currently in urban and rural areas have not played their due role in “the first line of defense,” and a large number of conflicts and disputes have to be resolved by the government. Obviously, how to reform the existing mediation system and improve the efficiency of grassroots mediation work is an important issue that we are currently facing. Based on the practice, the author looks for the law from the history, finds the way out from the law, and tries to make some useful research and exploration. First, the conciliation system under the rule of feudal rites In ancient China by Confucianism, “and for your” thought, in dealing with civil disputes attaches great importance to the role of mediation. Mr. Fei Xiaotong liberated himself in the article entitled “Non-litigation.”