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我国解决民事纠纷的制度——调解所具有的真正化解纠纷的功能在和谐社会建构中被再度重视。为此,国家先后出台了多个用以进一步规范调解和提升调解地位的司法解释,使调解制度一跃成为当下民事纠纷解决场域中一颗耀眼的“明星”。为强化民事审判中调解的积极运用,最高法院确立了“调解优先”的司法政策。为贯彻这一政策,全国上下都在深入开展“调解运动”。不可否认,全国各地法院基于调解化解了大量纠纷,为我国建设和谐社会做出了积极贡献。但是,面对如此火热的调解制度,法学理论界不得不冷静思考并认真评判这一制度的利弊得失,特别是如何理性看待这一司法政策、如何摆正法院判决与调解的关系以及这一制度的未来走势等。基于此,本刊围绕这一中心,特推出了法院调解这一组笔谈,以期推动对该问题的研究。
The System of Solving Civil Dispute in Our Country - The Function of the Real Dispute Dispute in Mediation System Has Been Emphasized in Constructing a Harmonious Society. To this end, the country has successively promulgated a number of judicial interpretations to further regulate mediation and enhance the status of mediation, making the mediation system a bright star in the current field of civil dispute resolution. In order to strengthen the positive application of mediation in civil trials, the Supreme Court has established a judicial policy of “mediation priority”. To carry out this policy, the entire country has been conducting “mediation campaigns.” Admittedly, courts across the country solved a large number of disputes based on mediation and made positive contributions to building a harmonious society in our country. However, in the face of such fiery conciliation system, the legal theorists have to think calmly and conscientiously judge the pros and cons of this system, especially how to rationally view this judicial policy, how to make the relationship between court judgments and conciliation and the system The future trend and so on. Based on this, this issue around this center, launched a special court mediation this set of writing to promote the study of the issue.