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调解制度是我国民事诉讼中最具中国特色的一项制度,它能够及时、彻底地解决民事权益争议,提高办案效率,减少诉讼成本,对法制发展和社会纠纷的解决都起着重要作用。但是,改革开放以来,国家从计划经济向市场经济的转型,治国方略由“人治”到“法治”的转型,使社会结构,社会成员的心理结构,乃至纠纷解决的行为模式都发生了巨大的变化。曾被赋予诸多赞誉的传统的法院调解制度已不能适应经济和社会生活的需要,日益暴露出它的局限性和诸多弊端、缺陷,进一步改革现行调解制度已成为当务之急。
The mediation system is the most Chinese system of civil litigation in our country. It can promptly and thoroughly solve disputes over civil rights, enhance the efficiency of handling cases and reduce the cost of litigation. It plays an important role in the development of legal system and the settlement of social disputes. However, since the reform and opening up, the transition of the state from a planned economy to a market economy and the transition from a “rule of man” to a “rule of law” in the strategy of governing the country have made both the social structure, the psychological structure of social members, and even the behavioral patterns of dispute resolution a huge change occured. The traditional system of court mediation, which has been given many acclaims, can no longer meet the needs of economic and social life. It increasingly reveals its limitations and drawbacks and shortcomings. It has become a top priority to further reform the existing mediation system.