诉讼调解基于其解决纠纷的彻底性,在化解人民内部矛盾、维护社会稳定方面发挥着积极的作用。随着人民法院审判方式改革的深入,诉讼调解受到以实现审判程序规范化运作为重点的改革理念的冲击,被认为是以牺牲实体权利为代价的“和稀泥”审划方式,不利于法冶社会的建立,而受到冷落。轻视调解的弊端很快显现,人民法院审理的民商事案件判决率上升,上诉率、上访率也随之上升。人民法院疲于应对大量的申诉、上访,不堪重负。同时,案件审判并未满足社会公众对司法公正与效率的需求,人民法院的司法权威受到挑战。在这样的现实背景下,人民法院开始重新审视诉讼调解缓和社会矛盾、平息纷争的功能和作用,确定了“能调则调、当判则划、调判结合、案结事了”的民商事审判 Mediation of litigation based on its thoroughness in resolving disputes plays an active role in resolving contradictions among the people and maintaining social stability. With the deepening reform of the trial methods of the people's courts, the mediation of litigation has been hit by the reform concept focusing on the standardization of judicial procedures. It is considered as a “” and “thorough trial” mode at the expense of the substantive rights, which is detrimental to the law The establishment of the rule of society, and left out. The malpractice of disregarding mediation soon appeared. Judgment ratios of civil and commercial cases handled by the people's courts have risen, and the appeal rate and petition rate have also risen. People's courts are tired of coping with a large number of petitions and petitions and are overwhelmed. At the same time, the trial of the case did not meet the needs of the general public for judicial fairness and efficiency, and the judicial authority of the people's court was challenged. Under such a realistic background, the people's court began to reexamine the function and role of litigation mediation in alleviating social conflicts and quelling disputes, and determined that “when mediation and adjudication are combined, adjudication and adjudication are combined, the case ends” Civil and commercial trials