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当前,人民调解制度面临纠纷解决能力较低等严重问题,这既有制度本身的缺陷,也有体制方面的深层原因。即人民调解是一种外生型和政府控制型调解,缺乏民间调解制度本应具有的内在活力。人民调解制度的发展方向是迈向社会自治型的人民调解,实现从外生型调解向内生型调解的转变,积极发展多种形式的民间调解机构。
At present, the people’s mediation system is facing serious problems such as the ability of dispute resolution, which is not only the flaw of the system itself but also has its own institutional reasons. That is, people’s mediation is a kind of exogenous and government-controlled mediation, which lacks the intrinsic vitality that the civil mediation system should have. The direction of development of the people’s mediation system is toward people’s mediation in the form of social autonomy and the transformation from exogenous conciliation to endogenous conciliation and active development of various forms of civil mediation institutions.