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诉外调解是指未提起诉讼的案件,在人民法院的主持下解决民事、经济纠纷的一种方式.有关资料显示,为适应形势需要,不少人民法院主动走出法院,深入厂矿企业,深入农村地头,为国有大中型企业提供法律服务,参与社会治安综合治理,充分发挥了法院在改革开放中的应有的积极作用.其中,不少人民法院广泛采取了诉外调解的方式,并在实践中总结出不少有益的经验和做法.但是,对于诉外调解,目前尚无法律规定,其认识尚不统一,各地的具体做法也不尽一致.笔者试图就此问题从理论与实践的结合上谈点个人意见.
Out-of-court mediation refers to a case where no lawsuit has been filed and a solution to civil and economic disputes under the auspices of the People’s Court. The relevant information shows that in order to meet the needs of the situation, many people’s courts voluntarily walked out of court, went to factories and mines and went deep into rural areas To provide legal services to large and medium-sized state-owned enterprises and participate in the comprehensive management of public order and give full play to the court’s due and positive role in the process of reform and opening up. Many of the people’s courts have taken a broad-based approach to mediation and practiced However, there are no legal provisions for mediation outside the country, and their understanding is not uniform, and the specific practices in various places are not the same. The author tries to combine the theory and practice on this issue Talk about personal opinion.