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人民调解机制是纠纷解决机制配置中最典型的国家与社会共同参与的第三领域,也是正式制度和非正式制度发生某种对话、并具有其既定程式的“一个半官半民的纠纷处理地带”。在人民调解员那里,民间法与国家法交织融通,共同推动着纠纷解决活动中的价值合意形成。调解纠纷时最行之有效的办法是晓之以理、动之以情、喻之以法,也就是让国家法与民间法共同发挥作用。调解制度起到了沟通国家法和民间法在文化上的阻隔,为两者的良性互动提供一个正式制度性对话渠道的作用。在调解机制的运作过程中,可以通过规范的竞合和选择,提供法律发展的契机,以弥合实体法和生活规范间的裂隙。
The people mediation mechanism is the most typical third area in the disposition of dispute resolution mechanisms and the common participation of the community. It is also a dialogue between the formal system and the informal one, and has its own set of procedures for dealing with disputes among the semi-government and semi-civilians zone". In the people’s mediators, civil law and national law are intertwined, and jointly promote the formation of the value conciliation in the dispute resolution activities. The most effective way to mediate disputes is to make sense of reason, move emotions and metaphorically, that is, let national laws and civil law work together. The mediation system has played a cultural barrier between the communication of state law and civil law, and provided a formal institutional dialogue channel for the positive interaction between the two. During the operation of the mediation mechanism, it is possible to provide an opportunity for legal development through standard competition and selection so as to bridge the gap between substantive law and living standards.