意思自治是近现代私法领域里的重要原则,随着私法、公法的相互交融渗透,该原则也直接延伸到了公法领域。在民事诉讼法中,这一原则主要表现为:当事人有权在法律规定的范围内自我处分自己的民事权利和诉讼权利(即处分权主义)。调解结案蕴含了意思自治的精神,值得提倡,但是,在我国司法实践中,许多案件的当事人就争议的民事权益未能达成完全一致的协议,以致不能以调解方式结案,因此,只能以判决形式裁决。然而,不少判决与当事人在基本问题上达成的共识相去甚远,导致双方当事人都不服判决,同时提出上诉,继而出现累讼或执行困难。其实,调解和判决的结案 Autonomy of will is an important principle in the modern private law field. With the mutual penetration of private law and public law, this principle also extends directly to the field of public law. In the Civil Procedure Law, this principle is mainly manifested in that the parties have the right to self-dispose of their own civil rights and litigation rights (ie, decentralization) within the limits prescribed by law. However, in our judicial practice, the parties to many cases fail to reach a complete and unanimous agreement on the controversial civil rights and interests so that they can not be settled through conciliation. Therefore, the judgment can only be based on the judgment Formal decision. However, many judgments far from the consensus reached by the parties on the basic issues resulted in both parties refusing to accept the verdict, appealing them at the same time, and then proceeding with procedural suitability or implementation difficulties. In fact, mediation and the conclusion of the verdict