法院附设调解制度与法院调解制度之比较研究-诉讼法学专业论文.docx

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 ······································· 27 （一）建立诉前申请调解制度，赋予当事人程序选择权和异议权 ············· 29 （二）实行“调审分离”，构建法院审前调解委员会制度 ··························· 30 （三）完善法院调解应遵循的原则 ································································ 30 （四）重新界定法院调解范围，增设法院