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目前,围绕着民事讼诉法(试行)的修订工作,大家议论较多的一个问题是如何认识和评价我国现行的讼诉调解制度,以及怎样完善这项制度?本文拟就这一问题谈点个人浅见,供大家作进一步研讨。 一、建立诉讼调解制度的客观基础 首先,我国的诉讼调解制度是在人民司法的优良传统的基础上建立和发展起来的。早在陕甘宁边区政府时期,即已强调了调解工作的重要性,指出:法院审理民事案件解决的是人民内部矛盾,“要以能替人民解决实际问题为主,不以判决形式为主。”由此可见,我国现行的讼诉调解制度正是继承井发扬了长期革命
At present, focusing on the revision of the Civil Procedure Law (Trial Implementation), one of the more discussed issues is how to recognize and evaluate the current system of mediation in our country and how to perfect the system. Personal humble opinion, for your further discussion. First, establish an objective basis for the system of mediation of litigation First of all, the system of litigation mediation in our country was established and developed on the basis of the fine tradition of people’s justice. As early as the time of the government of the Shensi-Kansu-Ningsia Border Region, the importance of mediation has been emphasized. It is pointed out that the solution to the civil cases by the courts is the internal contradictions among the people. It must be based on solving practical problems for the people rather than judgments . "Thus, our current system of suit mediation precisely inherits and carries forward the long-term revolution