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调解制度作为中国民事纠纷解决方式的一大特点和优点,演化到今天,已经出现了一些异化的现象,其中一个重要的方面就是法官违背当事人自愿原则强制调解,结果到了执行阶段又遇到了执行难的问题,没能发挥调解制度彻底解决纠纷、相对于判决当事人更愿意执行的优点。本文试分析此现象的成因及其解决办法,观点未必成熟,抛砖引玉而已。
As one of the major features and advantages of the settlement of civil disputes in China, the mediation system has evolved into a number of phenomena of alienation. One of the important aspects is that the judge forced the mediation against the voluntary principle of the parties. As a result, the mediation system encountered difficulties in implementation The failure to bring into full play the mediation system to resolve the dispute over the advantages that the parties to the judgment are more willing to implement. This paper tries to analyze the causes of this phenomenon and its solutions, the view may not be mature, throws its own way.