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2010年6月,最高人民法院印发《关于进一步贯彻“调解优先、调判结合”工作原则的若干意见》,要求法院和法官们牢固树立“调解优先”理念,从中央到地方再度广泛掀起调解热。然而时下“调解优先”政策不仅不能保障调解制度充分发挥其纠纷解决功能,反而会异化调解制度,催生新的弊端。正在审议的民事诉讼法修正案草案中增加“当事人起诉到人民法院的民事纠纷,适宜调解的,先行调解”规定,值得深思。值此民事诉讼法修改之际,笔者认为,应当废调解优先政策回归自愿、合法调解政策,并将其在民事诉讼法法典中进一步强化和明确。
In June 2010, the Supreme People’s Court issued its “Opinions on Further Implementing” the principle of “mediating priority” and “adjudicating and adjudicating the work principle”, requiring courts and judges to firmly establish the concept of “mediation priority” and go from central to local Widely set off mediation fever. However, nowadays, the “mediation priority” policy not only fails to ensure that the mediation system gives full play to its dispute resolution function, but alienates the mediation system and creates new drawbacks. The draft amendment to the Civil Procedure Law that is being examined adds the provision that “the parties should sue for civil disputes to the people’s court, which is suitable for mediation, and the mediation first”, which is worth pondering over. On the occasion of the revision of the Civil Procedure Law, the author believes that the priority policies should be revisited and reverted to the voluntary and lawful mediation policies, which should be further strengthened and clarified in the Code of Civil Procedure Law.