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中国传统调处制度是一种“非诉讼纠纷解决机制”的古代模式。中国西周时期已经有了关于调处的制度性规定,该制度发展至明代时已经相当完备。依据“调处人”的不同身份,可以将中国古代的“调处息讼”大体上分为民间调处、官府调处和官批民调三种类型。中国传统调处制度具有:适用范围的限定性;调处方式的灵活多样性;调处过程的劝谕性;调处依据的多元性等特点。传统社会的调处制度与现代社会的“非诉讼纠纷解决机制”具有相似性、相通性,其包含着“非诉讼纠纷解决机制”的诸多智慧与资源,同时也为自身的现代转型铺设了道路。在中西法律文化的碰撞事例中,古老的调处转型为现代的调解。
China’s traditional mediation system is a “non-litigation dispute resolution mechanism,” the ancient model. China’s Western Zhou Dynasty had already had the institutional regulation of mediation, and the system was fairly complete till the Ming Dynasty. Based on the different identities of “mediating people”, ancient Chinese “mediation and litigation” can be broadly divided into three types: private mediation, official mediation and official approval of public opinion. The traditional mediation system in China has the following characteristics: the limited scope of application; the flexible diversity of mediation methods; the advisability of mediation process; and the diversity of mediation basis. The mediation system in the traditional society is similar to the non-litigation dispute resolution system in modern society. It contains many wisdom and resources of “non-litigation dispute resolution mechanism ”, as well as its own modern transformation Lay the road. In the case of collision between Chinese and Western legal culture, the ancient mediation and transformation into a modern mediation.