笔者着重讲讲调解制度。人民调解是中国的传统,现在成了明日黄花。很多学者大量借鉴宣传外国的ADR,但外国的做法其实借鉴了中国的调解制度。新中国成立以后,调解组织曾经遍布全国各地,人民调解员曾达到790多万人,解决了大量的民事纠纷和轻微刑事案件,但随着改革发展,社会环境发生了巨大变化,过去调解所处的人情社会已逐步瓦解。 The author focuses on mediation system. People’s mediation is a Chinese tradition and now it has become a yellow flower tomorrow. Many scholars have borrowed heavily to promote foreign ADRs, but foreign practices actually draw lessons from China’s mediation system. After the founding of New China, the mediation organizations have spread all over the country. The people’s mediators reached more than 790 million and solved a large number of civil disputes and minor criminal cases. However, with the reform and development, the social environment has undergone tremendous changes. In the past, The human society has gradually collapsed.