“诉调对接”的法文化探析

诉讼与调解对接机制在我国有其历史传统。它是熟人社会的要求．国家法与民间法契合的产物，无为而治思想引导的结果，也是诉讼成本高昂、调查取证困难、司法对秩序控制的必然结果，诉调对接传统对当代法治秩序构建有启发意义，表明法治不是解决纠纷的最佳手段．解决纠纷必须关注文化传统，纠纷解决方式是演变的结果，非刻意的主观设计。

Law Culture Research On Docking Litigation and Conciliation

Litigation and conciliation docking system has a long history in China.It is the demand of the acquaintance society,the product of combination of state law and people law,the result of governing by non-action,the effect of high cost of litigation,difficulty in investigation and collecting evidence,the control of judicature on the order.The tradition of litigation and conciliation docking system has a great significance on the rebuilding of present legal system and it points out that rule by the law is not the best way to solve disputes.While solving disputes,cultural tradition must be paid attention to and the solving ways are the result of development not designed subjectively or meticulously.