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诉讼调解制度作为我国民事诉讼法中规定的一个重要诉讼制度,广泛应用于我国司法程序和民事审判实践中,成功解决了不少民事纠纷。由于调解制度是通过和解的途径来解决民事权益纠纷,有利于维护双方当事人的团结与合作,提高办案效率,因此被我国及美欧等西方发达国家所推崇。但是随着经济的发展和社会关系、权益的复杂化,民事调解制度在实践中日益显露出了其局限性和弊端,本文旨在通过对调解制度概念及其实施现状进行分析,深入地指出调解制度目前存在的问题,并基于此提出相应的对策建议。
Litigation mediation system, as an important litigation system stipulated in the Civil Procedure Law of our country, is widely used in the judicial proceedings and civil trial practice of our country and has successfully solved many civil disputes. Since the mediation system solves disputes over civil rights and interests through reconciliation, helps to maintain the unity and cooperation between the two parties and improves the efficiency of handling cases, it is respected by the developed countries in our country, such as the United States and Europe. However, with the development of economy and the complicacy of social relations and rights and interests, the system of civil mediation has increasingly revealed its limitations and drawbacks in practice. The purpose of this paper is to analyze the conception of mediation system and the status quo of its implementation, System, the existing problems, and based on this put forward corresponding countermeasures and suggestions.