法院附设调解制度与法院调解制度之比较研究.pdf

目录 摘 要···················································································································I Abstract ··················································································································III 引 言··················································································································1 一、国外及我国台湾地区法院附设调解制度的运作现状·····································3 （一）美国法院附设调解制度··········································································3 （二）日本的法院附设调解制度······································································4 （三）韩国的法院附设调解制度······································································6 （四）我国台湾地区的法院附设调解制度······················································7 二、法院附设调解制度的理论考察·········································································9 （一）法院附设调解制度的含义······································································9 （二）法院附设调解制度的性质······································································9 （三）法院附设调解制度的基本特征····························································11 （四）法院附设调解制度的基本功能····························································12 三、我国法院调解制度的现状及其评价·······························································15 （一）我国法院调解制度的司法地位和独特功能·········································17 （二）我国法院调解制度的弊端分析及改革的必要性·································17 四、我国法院调解制度与国外及台湾地区法院附设调解制度之比较················22 （一）二者产生的背景不同············································································22 （二）二者的价值取向不同············································································23 （三）二者的性质定位不同············································································23 （四）二者的程序运作上不同········································································24 五、借鉴法院附设调解制度，重构我国法院调解制度······································