法院调解的法治化路径

法院调解是一项特色的司法制度。实践中,法院调解面临的三重困境对法院调解法治化提出要求。然而,作为实现正义的两种不同方式,法院调解与法治之间存在着冲突。要突破困境,调和冲突,就必须寻求法院调解与法治的契合点,对法院调解制度进行重构,方能实现法院调解的法治化。

The Ways to Legalize Judicial Mediation

The judicial mediation is a judicial system with Chinese characteristic. In practice, three dilemma the judicial mediation faces make requests for the legalization of the judicial mediation. However, there exist some conflicts between the mediation and rule of law as two different ways to realize justice. So, in order to overcome difficulty and mediate conflict, we must seek the compromise between judicial mediation and legalization and reconstruct the system of judicial mediation so as to realize the legalization of the judicial mediation.