论民事审前程序的纠纷解决功能

传统观念上,普通程序的庭审阶段一直作为诉讼程序的母体和核心,其对纠纷的解决始终都发挥着不可替代的作用。但是,随着纠纷的日益繁杂,亟需多元化的解纷机制。审前程序因其各项主要内容之间形成的别致构造而产生了纠纷解决功能。不过,囿于立法、司法及观念等,学者在讨论审前程序的纠纷解决时,大多只关注调解,对和解及仲裁程序的重新选择等鲜有讨论。基于完善立法与充实司法实践考虑,探讨审前程序中多元化的纠纷解决方式,充分发掘审前程序的纠纷解决功能,有着现实的必要性和理论上的可行性。

On the Dispute Resolution Function of the Civil Pretrial Procedure

In the conventional idea, the trial of ordinary procedure has been as procedural stage and the core of the matrix in the resolution of disputes always plays an irreplaceable role. But with the increasingly complex, it is urgent to disputes over pluralism plural remedy mechanism. Pretrial procedure because of its major content of chic formed between tectonic and produced dispute resolution function. However, constrained by legislation, judicial and concepts, scholars discuss pretrial procedure in the dispute resolution, mostly focus only on conciliation, reconciliation and arbitration procedure again choice etc few discussions. Based on improving legislation and full judicial practice, there has the necessity and feasibility of theoretically to discuss pretrial procedure to consider ways of multiplex dispute resolution and give full play to resolve the disputes pretrial procedure, which has practical function.