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近年来,“大调解”作为一种新的纠纷解决机制日渐兴起。转型时期社会矛盾纠纷的特征以及现行人民调解制度的有效性危机是“大调解”机制建设的基本背景。同传统的纠纷解决机制相比,“大调解”机制在当前转型时期优势明显,但是也存在一系列不容忽视的内在紧张,如合理性与合法性的紧张,运作的行政化,性质与功能的定位有待进一步澄清等等。长远来看,培育社会本身的矛盾化解能力,提升社会自治程度依然是“大调解”机制建设的努力方向。
In recent years, “major mediation ” as a new dispute resolution mechanism is on the rise. The characteristics of the social conflicts and disputes in the transitional period and the effectiveness of the current crisis of the people’s mediation system are the basic background of the mechanism of “grand mediation.” Compared with the traditional dispute resolution mechanism, the “grand mediation” mechanism has obvious advantages in the current transitional period, but there are also a series of internal tensions that can not be ignored, such as the tension between rationality and legitimacy, the administrative nature of operation, The function of the location to be further clarified and so on. In the long run, cultivating the contradictions and resolving ability of society itself and enhancing the degree of social autonomy will remain the direction of efforts for the establishment of a “grand mediation” mechanism.