任何一个司法调解案例隐藏的是各种权力之间的博弈。透过一例极其简单、平常的司法调解案例,能够发现法官和当事人双方共同选择司法调解作为行动策略的根源,均是由身处司法场域的位置和长期的日常生活培育的生存心态决定的。法官和当事人运用的两种语言法律用语和日常生活用语,反映出调解协议意蕴的符号暴力,意思自治的当事人在结构上被支配,中立的法官面对司法权力、社会权力和政治权力时的屈从。 The hidden case of any case of judicial mediation is the game between various powers. Through an extremely simple and common case of judicial mediation, it can be found that both judges and parties jointly choose judicial mediation as the root cause of their tactics. All these are determined by the survival psychology based on the location of the judicial field and the long-term daily life. Judicial and client’s use of two linguistic legal terms and expressions of everyday life, reflecting the symbolic meaning of the mediation agreement Violence of the parties involved in the constitutional autonomy is governed by the constitutional neutral judges subjection to judicial power, social power and political power .