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稳定与和谐是中国走向法治现代化的标志,人民调解制度是维护社会稳定的“第一道防线”。长期以来,人民调解制度的不健全以及与诉讼机制的脱节,导致人民调解未能充分发挥社会效能,其司法资源也未能得到充分利用。故此,从理论和实践的层面上探索人民调解与诉讼机制的有效衔接形式——司法ADR对构建和谐社会的价值,既是时代发展的必然要求,也是法制社会的内在需要。
Stability and harmony are the hallmarks of China’s modernization of the rule of law. The people’s mediation system is the “first line of defense” for maintaining social stability. For a long time, the people’s mediation system is not perfect and its connection with the litigation mechanism has led to people’s mediation failing to give full play to their social effectiveness and their judicial resources have not been fully utilized. Therefore, from the theoretical and practical aspects, it is an effective way to explore the mechanism of mediation and litigation in people - the value of judicial ADR in building a harmonious society is not only the inevitable requirement of the development of the times but also the inherent need of legal society.