略论我国法院调解制度之改革

在实践中,法院调解曾经在消弭纷争、维护社会安定等方面发挥了重要作用.然而,我国目前的调审合一、以调为主的运作方式逐渐暴露出强迫调解、久调不决等诸多弊端.解决这些弊端关键是完成诉讼模式的根本性转变,以诉讼和解代替法院调解,建立非诉化民事调解,赋予当事人程序选择权,从法律上保护当事人对程序和实体上权益的处分.

The Reform of the Settlement System in Chinese Court

For mediation by court play so important a role in civil actions,that the civil adjudication in our country is named as "compromise-settled mode".But that mode is challenged,and more and more facts have shown its disadvantages such as imposed compromise,delayed-action judgment etc.the writer here tries to suggest a reform scheme to settle the issues,in which such theories as lawsuit contract,reform of civil action mode are considered to support it.The emphasis has been put on the change in the sense of law and civil law the function of the judicial department and judicial procedure.Then the idea of contract should be absorbed in civil procedure and be regarded as a normal way of thought to go through one's action,and most of the stages of an lawsuit can be "bargained" by two parties.