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虽然人民调解制度的价值是多元的,但其最核心的价值莫过于社会和谐。此种通过人民调解排解纠纷以实现其自身价值的实践做法与制度安排,原本与西方国家旨在通过诉讼或者仲裁排解纠纷的法治理念有着实质上的冲突。那么,此种制度缘何在中国得以确立?它是否具有强大的生命力?它为何在当今并未发挥应有的作用?所有这些问题的解决在很大程度上取决于对人民调解制度价值渊源的认识和探讨。其实,我国的人民调解制度的价值不仅有其深刻的历史文化渊源,而且有其深刻的现代法治渊源和社会现实渊源。
Although the value of the people’s mediation system is diverse, its core value is social harmony. Such practices and institutional arrangements for resolving disputes through the mediation of the people to realize their own values have been essentially in conflict with the concepts of the rule of law in western countries aimed at settling disputes through litigation or arbitration. So why was such a system established in China? Is it powerful enough? Why does it not play its due role today? The resolution of all these problems depends very much on the recognition of the value of the people’s mediation system And explore. In fact, the value of the people’s mediation system in our country not only has its profound historical and cultural origins, but also its profound origins of modern law and the social reality.