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当下的电视调解节目既是一种全新的社会司法形态,也是一种全新的媒介形态;以合法性分析的进路关照,电视调解存在诸多合法性困境,电视台作为调解的主体,违背其法律角色定位,赋予电视调解协议以人民调解协议的效力是违反调解法的;电视调解是一种戏剧化范式架构下的泛道德主义媒介强制,在很大程度上违背了当事人的自愿原则;电视调解节目中正当程序权利告知程序的缺如以及因收视率追逐而调解人中立性的伦理底线的超越,凡此种种,都使得电视调解的规范化势在必行。
The present television mediation program is not only a brand new form of social justice but also a completely new form of media. With the consideration of the legitimacy analysis, there are many legitimacy dilemmas in television mediation. Television stations, as the main body of mediation, run counter to its legal role , The conferment of the effect of the mediation agreement on television to the people is a violation of the mediation law; the mediation of television is a generic moralist force imposed by the paradigm of a dramatic paradigm, to a large extent violated the parties’ voluntary principles; and the television mediation program The absence of due process notification procedures and the surpassing of the ethical bottom line of the mediator’s neutrality due to the chase of ratings all make the standardization of television mediation imperative.