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法院调解属于司法ADR,其准司法性的属性内在地要求法院保障当事人的正当程序权。然而,基于对政绩的追求,法院系统过分痴迷于调解结案率,在法院调解实务中就不免存在着试图引导、规劝甚至强制当事人接受调解的语言。在对法院据此推进调解的用语进行类型化分析的基础上,探求不同类型的法院调解用语所具有的不同正当性与适度性,并从基本原则确立及具体规则构建两个层面检讨其法律规制就显得尤为重要。
Court mediation belongs to judicial ADR, and its quasi-judicial nature inherently requires the court to guarantee the due process rights of the parties. However, based on the pursuit of performance, the court system over-obsessed with the settlement rate of mediation, there is inevitably exist in the court mediation practice trying to guide, persuade and even forced the parties to accept the mediation language. Based on the type analysis of the terms that the court promotes mediation, the paper probes into the different legitimacy and appropriateness of different types of court mediation terms and reviews its legal regulation from two aspects: the establishment of the basic principle and the construction of the specific rules It is particularly important.