【摘要】 法院调解在民事诉讼法上被确立为一项基本原则。但是,在司法实践中,法院调解长期以来存在一些缺陷,产生了某些负面效应。为此,民事诉讼法学界对完善法院调解制度的问题进行了探讨,有的认为应以诉讼和解替代法院调解,有的主张实行调审分离。为了使法院调解制度发挥其应有的作用,应当对法院调解的原则和具体程序进行必要的完善。更多还原

【Abstract】 Court mediation has been established as a basic principle for the legal procedure of the civil lawsuit. However, during the judicial practice, there exist some lasting defects. Due to the many negative effects in the current situation, the law circles of civil affairs have made probe of the concerning issue with the proposition to substitute court mediation with conciliation, or to take the measure of separating the procedure of examination from lawsuit. In order to allow the system to play the due role, we should make a necessary improvement of the principle as well as the concrete working procedures of the system.更多还原