论文部分内容阅读
我国的司法制度中设定了诉讼解决机制与非诉讼解决机制的民事纠纷多元化解决机制,但两种机制发展不一,地位各异,实践中,非诉讼纠纷解决方式很难与诉讼方式相竞争,但过度依赖诉讼程序解决纠纷导致诉讼迟延,而调审合一制度常常使得这种现象更加严重。本文试图通过调审分离的制度改革,构建完善的诉讼外调解制度,使得诉讼和调解得以竞争发展,以满足当事人对不同纠纷解决方式的需要。
China’s judicial system has set up a mechanism for settling litigation and non-litigation resolution mechanism, but the two mechanisms have different development and different status. In practice, the non-litigation dispute resolution method is not compatible with litigation method Competition, overreliance on litigation procedures to resolve disputes led to delays in litigation, which is often compounded by the reconciliation system. This article tries to establish a perfect system of mediation outside the litigation by means of the system reform of the mediation and separation so that the litigation and mediation can be competitively developed so as to satisfy the parties’ needs for different dispute resolution methods.