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近年来,法院调解在构建和谐社会的进程中被寄予了极高的期望。和谐社会视野下重构法院调解制度应立足于对其法理的科学阐释。作为兼具处分行为与审判行为双重属性的独特制度,法院调解的程序设置应体现诉讼解决纠纷与合意解决纠纷的特性。从形式与功能上看,西方国家的诉讼上和解与我国的法院调解并无本质区别。除纠纷解决功能外,法院调解还具有增进对话功能;形成规则功能及联结法律与道德、提高司法公信力的功能。
In recent years, court mediation has been placed high expectations in the process of building a harmonious society. Reconstructing the court mediation system from the perspective of harmonious society should be based on the scientific explanation of its jurisprudence. As a unique system that combines the dual attributes of disciplinary action and trial act, the procedure of court mediation should reflect the characteristics of litigation dispute settlement and dispute resolution. From the perspective of form and function, there is no essential difference between the litigation reconciliation in western countries and the court mediation in our country. In addition to the dispute resolution function, the court mediation also has the function of promoting dialogue; forming the function of rules and the function of linking law and morality and enhancing the credibility of the judiciary.