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建构多元化纠纷解决体系的关键在于司法权的优化配置。司法权对于诉讼外调解的意义主要在于:调解标准的确立、调解组织的权威化和调解效力的强化。因此,我国的诉讼外调解制度,应当明确:改革我国诉讼外调解制度的突破口在于建立司法审核制,提升诉讼外调解协议的效力;通过设置附设于法院的诉讼外调解机构在组织上进一步融合诉讼外调解与司法权力的关系;而最重要的还应是完善诉讼机制,在更深层次上确立诉讼外调解的规范化背景。
The key to constructing the system of dispute resolution is to optimize the allocation of judicial power. The significance of judicial power for mediation outside litigation lies mainly in the establishment of mediation standards, the authority of mediation organizations and the enhancement of the effectiveness of mediation. Therefore, the system of mediation outside litigation in our country should make it clear that the breakthrough of reforming the system of mediation outside litigation in our country lies in the establishment of judicial review system to enhance the effectiveness of the agreement of mediation outside litigation; the further incorporation of litigation in the organization through the establishment of mediation outside the litigation External mediation and judicial power; and the most important thing is to improve the litigation mechanism and establish a more standardized background of litigation mediation at a deeper level.