论新形势下我国人民调解制度的发展和完善

发布时间：2018-04-30 00:06

本文选题：人民调解 + 法院调解　；参考：《华东政法大学》2011年硕士论文

【摘要】：中华民族的人民调解文化源远流长,受儒家“无讼”观念和道家“无为而治”的意识文化影响,自古积淀形成了从宗族调解到民间调解再到人民调解的数千年调解文化底蕴。调解的目的是为了“息讼”,实际上也就是为了“和谐”,尤其是在当前构建和谐社会的时代大背景下,发展和完善符合我国国情的人民调解制度对于及时解决民间纠纷,以及维护社会和谐稳定具有极为深远的意义。自进入新世纪以来,在中央和地方的积极倡导和努力推动下,人民调解制度正不断趋于规范化和法制化,有关人民调解方面的立法工作已经被提升到了一个史无前例的高度。尤其是《人民调解法》的颁布和实施,这不仅是我国人民调解立法史上的一座重要里程碑,并且也标志着人民调解制度——这朵享誉国际社会的“东方之花”已经被正式上升为具有普遍约束力的专项法律规范。可以说,人民调解已经从此全面步入了法制化和规范化的运行轨道,其未来的发展趋势就是将人民调解和行政调解、司法调解进行对接融合,将人民调解和诉讼、仲裁进行对接融合。当然,任何一部法律都会存在“先天不足”,都有其局限性和滞后性,《人民调解法》也不例外。和我国以往一些立法所类似的,新出台的《人民调解法》虽然涵盖范围比较广泛,但是某些细节条款的内容却不够深入细致,只是浅尝辄止地作了原则性和抽象化的概括规定。另外,它对一些平时人们所广为关注的问题仍然没有给出明确答案。现实社会是纷繁复杂、日新月异的,人民调解制度最终能否发挥其稳定社会秩序和化解群众矛盾的功能,在很大程度上要取决于各个基层人民调解组织的运行机制、配套环境、公众素养,以及地方政府的扶植力度等诸多因素,可谓“因人而异”、“因地而异”。本文在理论联系实际的基础上,主要从理论剖析、域外经验借鉴、司法现状中存在的问题等多个角度展开论述,最后围绕新出台的《人民调解法》,就如何进一步完善人民调解制度提出了相关的立法和司法建议,以期能够为促进我国人民调解制度的可持续发展略尽绵薄之力。
[Abstract]:The people's mediation culture of the Chinese nation has a long history, influenced by the Confucian concept of "no litigation" and the Taoist ideology of "governing without action", and has formed thousands of years of mediation culture from clan mediation to folk mediation to people's mediation since ancient times. The purpose of mediation is to "interest litigation", in fact, to "harmonious", especially in the context of the current era of building a harmonious society, to develop and improve the people's mediation system in accordance with the national conditions of our country to solve civil disputes in a timely manner. And the maintenance of social harmony and stability has far-reaching significance. Since entering the new century, the people's mediation system is becoming more and more standardized and legalized under the active advocacy and efforts of the central and local governments, and the legislative work on the people's mediation has been promoted to an unprecedented height. In particular, the promulgation and implementation of the people's Mediation Law is not only an important milestone in the legislative history of people's mediation in China, It also marks the people's Mediation system, the internationally recognized "flower of the East", which has been formally promoted into a universal binding legal norm. It can be said that people's mediation has since entered the track of legalization and standardization, and its future development trend is to integrate people's mediation with administrative mediation, judicial mediation, people's mediation and litigation, and arbitration. Docking fusion. Of course, any law has its limitations and lags, and the people's Mediation Law is no exception. Similar to some legislation in the past, the new people's Mediation Law covers a wide range, but the contents of some detailed clauses are not thorough and detailed enough, and only a few of them are summarized in principle and abstractly. In addition, it still gives no clear answer to some of the usual concerns. The real society is complicated and changing with each passing day. Whether the people's mediation system can ultimately play its role of stabilizing the social order and resolving the contradictions among the masses depends to a great extent on the operating mechanism and supporting environment of various grass-roots people's mediation organizations. Public literacy, as well as the strength of local government support and many other factors, can be described as "different people", "different places." On the basis of integrating theory with practice, this paper mainly discusses from many angles, such as theoretical analysis, foreign experience reference, problems existing in the current judicial situation, and so on. Finally, according to the new people's Mediation Law, this paper puts forward some relevant legislative and judicial suggestions on how to further improve the people's mediation system, in the hope that it can contribute a little bit to the sustainable development of the people's mediation system in our country.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926

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