论协商性司法在我国民事诉讼中的适用

现代意义上的协商性司法产生于西方刑事诉讼领域，并在司法实践中不断发展。协商性司法在我国刑事司法实践中已初见端倪，但理论界对该制度的研究尚处于起步阶段，在民事诉讼领域中更是少有论及。协商性司法具有对话性、程序性和合意性等特征，在我国民事诉讼领域中存在适用的现实基础与理论依据，将协商性司法引入民事诉讼领域是我国民事司法改革的发展趋势。协商性司法在具体适用中应当遵循一定的原则和操作规则，确保其在制度规范内得以适用，这样才能呈现其在民事诉讼中的积极效应，更好地实现民事诉讼的价值目标。

The Application of Negotiated Justice in Civil Procedure in China

Negotiated justice in modern sense was originated from western criminal procedure, and is developing unceasingly in judicial practices. Negotiated justice has already appeared in criminal judicial practices in China, but the research on the system is still in the initial stage, and it is seldom discussed in the field of civil procedure. Negotiated justice features dialogue, procedure, consensus and so on, and there are both realistic and theoretical base for the application of negotiation justice in civil procedure in China. The introduction of it to civil procedure in China is in accordance with the development trend of civil justice reform in the country. The application of negotiated justice should follow certain principles and rules of operation, so as to produce positive effects in civil procedure and better realize the value and aim of civil procedure.