中国司法鉴定Issue(1)：10-18,9.DOI:10.3969/j.issn.1671-2072.2025.01.002
鉴定与调解融合发展的实践探索和制度完善
Practice Exploration and System Improvement of the Development of Integration of Appraisal and Mediation
摘要
Abstract
The integration of appraisal and mediation refers to the integration of pre-litigation appraisal and pre-litigation mediation.The development of integration of appraisal and mediation is an innovative attempt to adhere to and develop the"Fengqiao Experience"in the new era,and it should follow the principles of consensus,suitability and integration.Various regions have carried out diversified explorations in the field of integration of appraisal and mediation,laying a good foundation for the system improvement of the the procedures of integration.The implementation of the Supreme People's Court's Working Regulations on Entrusted Appraisal in Pre-litigation Mediation(Trial Implementation)has played an important role in integrating public legal service resources and promoting the construction of the public legal service system.The specific presentation of the integration of appraisal and mediation in the litigation process can be directly observed in some effective judgment documents.The relevant facts,evidence and law application have been clearly expressed in the parties'submissions,the focus of disputes,the reasoning of the judgment and other parts of such effective judgment documents.In response to the practical needs of the integrated development,and aiming at the existing problems in the development of the integration,such as the unclear basic positioning,the unclear conditions and functions,the insufficient synergy of procedures,and the imperfect evaluation mechanism,it is proposed to formulate a special judicial interpretation on the integration,to clarify the basic positioning of the leading role of people's courts and the judicial administrative organs'participation,to integrate the main functions and double review conditions of the legal service entities,to standardize series procedures of the integration,and to precisely design the evaluation mechanism for the integration.关键词
鉴调融合/原则/职能/协同/程序Key words
integration of appraisal and mediation/principle/function/synergy/procedure分类
政治法律引用本文复制引用
赵朝琴..鉴定与调解融合发展的实践探索和制度完善[J].中国司法鉴定,2025,(1):10-18,9.基金项目
国家社科基金重大项目(21&ZD205). （21&ZD205）
