审判与调解:新中国成立初期的清理积案与制度选择

新中国成立初期,面对大量民事案件,司法机关一度认为造成积案的原因是暂时的,这些问题可以在短期内通过应急突击得到解决,司法机关对调解的态度一度也较为审慎。基于处理民事案件和清理积案的现实需要,司法机关围绕审判与调解主辅关系的制度安排进行了探索和选择。至20世纪50年代后期,“调解为主”的方针得以确立并趋于稳固。关于民事案件的这种制度选择对新中国司法探索和制度形成产生了深远的影响。

Trial and Mediation:Clearing up the Backlog of the Cases and Institution Choices in the Early of New China

In the early of New China,faced with a large number of the civil cases,the judicial organ once thought that the causes of the backlog of the cases were temporary and these problems could be solved in a short time through emergency raids,the judiciary’s opinions to mediation had also been cautious.Based on the practical needs of handling the civil cases and clearing up the backlog of cases,the judicial organ had explored and chosen by the institution arrangements concerning the primary and secondary relationship between trial and mediation.By the late 1950s,“mediation-oriented”status was established and tended to be stable.The choice of such a system for the civil cases had a far-reaching impact on the judicial exploration and institution formation in New China.