法院调解的文化解释

法院调解在我国的民事诉讼中具有十分重要的地位 ,是我国法院民事审判权的主导性运作方式。尽管法院调解的弊端日益突出 ,其存在的合理性也受到一定的挑战 ,但是 ,法院调解的主导性地位却没有因此而改变 ,其重要原因便是人们的法律观念深受传统法律文化的影响。中国古代的文化崇尚和谐 ,这种文化性格决定了古代中国人对于诉讼的态度 ,决定了无讼、息讼等法律观念的产生。这些观念渗透于司法中 ,产生了广泛的影响。

An Interpretation of Conciliation of Court from a Cultural Perspective

The conciliation of court plays a very important role in the civil action of our country, and it is the main way in which the civil jurisdiction of court is applied. It had a significant and practicable value in the history. On the other hand, its disadvantages are increasingly embodied with the change of social conditions which are brought by the opening-up policy. Even so, the leading position of the conciliation of court has not been changed correspondingly. One important reason is that people's legal conceptions are deeply influenced by the traditional culture. One typical characteristic of the Chinese ancient culture is emphasizing on harmony, which determines the ancient Chinese's attitudes to action and the emergence of legal conceptions such as "no suits".These conceptions have a widespread and profound influence on judicature.