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民事诉讼中调解制度的废存与改革问题一直是学界争论的热点问题。我国民事诉讼调解无疑有其合理性,其解决纠纷的高效性是有目共睹的,而这正是纠纷日益膨胀的今天所必须的,但目前我国民事诉讼中实行的调审合一制度不仅没有发挥调解的优势,反而在扭曲调解制度的同时破坏了审判的公正性。因而应寻求一种既能充分发挥调解优势,又能保证审判的公正性的新制度,即调审分立制度。
It is always a hot topic in academic debate that the conciliation system’s abolition and reform in civil lawsuits. The mediation of civil litigation in our country undoubtedly has its rationality. The efficiency of resolving the dispute is obvious to all, and this is exactly what the dispute is going to expand day by day. However, at present, the system of mediation in civil litigation in our country not only failed to exert mediation Instead, it distorts the fairness of the trial while distorting the mediation system. Therefore, we should seek a new system that can give full play to the advantages of mediation but also ensure the fairness of the trial.