论文部分内容阅读
民事诉讼调解是具有中国特色的传统制度,在当代契合了中国新的经济、政治、文化语境。但对该制度的本质,学界尚未达成共识并缺乏理论和系统的研究,影响了该制度应有功能的发挥。本文赞同民事诉讼调解的本质是以意思自治为灵魂,以处分权为基石,以审判权为保障的当事人追求利益最优化从而达成解决纠纷协议并由法院审查和确认的诉讼活动。本文透过民事诉讼调解的表象系统阐述该制度的本质,以期为该制度的发展完善提供理论方向。
Mediation in civil litigation is a traditional system with Chinese characteristics, which is in the contemporary context of China’s new economic, political and cultural context. However, the nature of the system, the academic community has not reached a consensus and lack of theoretical and systematic research, affecting the system should have the function of play. This article agrees with the nature of civil litigation mediation is to take the autonomy of the soul as the soul, with the power of punishment as the cornerstone and the parties with the right of trial as the guarantee to pursue the benefit optimization so as to reach the settlement of the dispute agreement and the court review and confirm the litigation activity. This article elaborates the essence of the system through the representation system of civil litigation mediation, with a view to providing a theoretical direction for the development of the system.