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调解制度作为民事诉讼法的一项基本原则,有着不可或缺的作用和影响,但也有其消极方面。本文从调解原则和法院调解制度的含义着手,系统阐述了调节的历史发展,存在基础、意义和不足之处,提出从加强审前调解,取消查明事实、分清是非的原则,明确调解中的合法原则,明确规定调解的不公开和保密原则,强化自愿原则和处分原则,取消调解书送达前一方有权反悔的规定等五个方面加强调解制度的立法完善。
As a basic principle of the law of civil procedure, the mediation system has an indispensable role and influence, but it also has its negative aspects. This article starts with the conception of mediation and the meaning of the court mediation system, systematically expounds the historical development of mediation, and presents the basis, significance and inadequacies. It puts forward that from the principle of strengthening pre-trial mediation, eliminating the identification of facts and distinguishing right from wrong, Legal principles, clearly stipulate the principle of non-disclosure and confidentiality of conciliation, strengthen the principle of voluntariness and punishment, and abolish the provision of right of regain before the conciliation service is handed over to other countries to strengthen the legislation of the mediation system.