试论我国法院调解制度的改革
发布时间：2018-11-13 08:00
【摘要】：近几年,民事审判制度的改革和完善一直是我国民事诉讼法学界争议的热点问题,而法院调解制度的改革是民事审判制度改革的重要组成部分。在我国,法院调解制度历史悠久,作为多元矛盾纠纷解决机制中的一种形态,它为化解社会纠纷,维护社会稳定,促进社会和谐起到了重要作用。但是,随着社会的发展,社会纠纷呈现出新的特征,现行法院调解制度已明显不能适应时代地需求,暴露出不少问题并亟待解决。本文第一部分对我国法院调解制度的研究意义、现状等进行了简单陈述,第二部分对我国法院调解和判决进行对比,结合罗彩霞案例,分析说明了由于调解具有判决所不具有的优势,诸如：快速、有效、不伤和气等等特点,因此具有存在的必要性及优越性。通过回顾我国法院调解制度在古代、新民主主义革命时期、新中国成立后的三个主要发展阶段,使我们了解其在中华民族悠久历史中对纠纷解决所起到的重要作用,及对我国民事审判工作的深远影响,第三部分通过对法院调解制度本身规定及司法实践中遇到的问题,存在的弊端进行了全面的阐述后,进一步说明我国法院调解制度的改革势在必行,最后笔者提出了限定调解期限、完善制约监督机制、推广大调解制度等改革建议以供参考。
[Abstract]:In recent years, the reform and perfection of the civil trial system has been a hot issue in the field of civil procedural law in China, and the reform of the court mediation system is an important part of the reform of the civil trial system. In our country, the court mediation system has a long history, as a kind of form in the dispute settlement mechanism, it has played an important role in resolving social disputes, maintaining social stability and promoting social harmony. However, with the development of society, the social disputes show new characteristics, the current court mediation system has obviously not adapted to the needs of the times, exposed a lot of problems and need to be solved. The first part of this paper makes a brief statement of the significance and current situation of the court mediation system in our country. The second part compares the mediation and judgment of the court in our country, combining with the case of Luo Caixia, The analysis shows that mediation is necessary and superior because of its advantages in judgment, such as speed, efficiency, non-injury and so on. By reviewing the three major stages of development of the court mediation system in ancient China, the period of the new democratic revolution and the founding of New China, we can understand the important role it plays in the settlement of disputes in the long history of the Chinese nation. And the profound influence on the civil trial work in our country. The third part elaborates the problems and disadvantages of the court mediation system itself and the judicial practice. It is necessary to reform the court mediation system in our country. Finally, the author puts forward some suggestions for reference, such as limiting the time limit of mediation, perfecting the supervision mechanism and popularizing the great mediation system.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926;D925.14
本文编号：2328496
[Abstract]:In recent years, the reform and perfection of the civil trial system has been a hot issue in the field of civil procedural law in China, and the reform of the court mediation system is an important part of the reform of the civil trial system. In our country, the court mediation system has a long history, as a kind of form in the dispute settlement mechanism, it has played an important role in resolving social disputes, maintaining social stability and promoting social harmony. However, with the development of society, the social disputes show new characteristics, the current court mediation system has obviously not adapted to the needs of the times, exposed a lot of problems and need to be solved. The first part of this paper makes a brief statement of the significance and current situation of the court mediation system in our country. The second part compares the mediation and judgment of the court in our country, combining with the case of Luo Caixia, The analysis shows that mediation is necessary and superior because of its advantages in judgment, such as speed, efficiency, non-injury and so on. By reviewing the three major stages of development of the court mediation system in ancient China, the period of the new democratic revolution and the founding of New China, we can understand the important role it plays in the settlement of disputes in the long history of the Chinese nation. And the profound influence on the civil trial work in our country. The third part elaborates the problems and disadvantages of the court mediation system itself and the judicial practice. It is necessary to reform the court mediation system in our country. Finally, the author puts forward some suggestions for reference, such as limiting the time limit of mediation, perfecting the supervision mechanism and popularizing the great mediation system.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926;D925.14
【引证文献】
相关博士学位论文 前1条
1 闫庆霞;法院调解论[D];中国政法大学;2004年
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