法院调解的“复兴”与未来

进入二十一世纪以来,法院调解制度重新获得重视,有再度兴盛之势。法院调解制度是适应国家治理社会需要的产物。国家社会治理战略的调整必然影响法院调解制度的发展。转型时期社会自我解纷能力低下和社会纠纷的特殊性,决定了法院调解制度将继续发挥社会整合与治理功能。而对法院调解的实证分析表明,该制度的"审判权本位"是影响其功能发挥的重要因素。提高法院调解的制度化程度,构建诉权对审判权的制约机制,是法院调解发展的未来走向。

The Renovation of Mediation by Court and Its Future

From the break of the 21st century, mediation by court is re-stressed and its boom is expected. Mediation by court is the product meeting the requirements of state governing the society. With the adjustment of state strategy in this field, since social disputes are uneasy to solve by the parties themselves and the social disputes is special, mediation by court plays the role of social integration and governance. With positive analysis, it shows the main factor influences its function is the idea of judgment power steering. It is desirable that this system is more institutionalized, balances are created to the power of judgment.