On Positioning and Selection of Mediation and Judgment

作     者：Sun Jian Sun Jian

作者机构：Law School Nanjing Normal UniversityNanjing' Jiangsu 210046 

出 版 物：《学术界》 (Academics)

年 卷 期：2014年第10期

页      面：273-278页

核心收录：

学科分类：0301[法学-法学] 03[法学] 030106[法学-诉讼法学] 

主　　题：调解 判决 定位 科学选择 应用程序 功能互补 分类管理 支持机制 

摘      要：The relationship between mediation and the judgment directly affect the practical effects of judicial power operation,and have important influence on judicial practice. Mediation and judgment have been contradicting each other for a long time,which is the result of the social situation,national policies and other factors intertwined. Practically the alienation of the relationship between mediation and judgment,such as phenomenon of attaching more importance to mediation and less importance to judgment,arbitrary application of mediation,as well as failure to give full play to the due function of mediation and judgment,have deep social reasons,and lead to certain degree of harm. Both mediation and judgment are important means to effectively resolve disputes,with functional complementation of mediation and judgment. Meanwhile judgment serves as an important guarantee for mediation to function. Therefore,to realize scientific selection based on combination of mediation and judgment,it must adhere to classification management over applicable scope of mediation and judgment,application conditions of mediation and judgment,timing of applying mediation and judgment,and supporting mechanismfor scientific selection of mediation and judgment.