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机制设计理论是研究怎样通过分散的个人行为达到规定的制度目标。司法调解的博弈机理契合了机制设计理论,在法律早于法律关系出现的条件下,司法调解能够塑造司法权威和公信力,突破中国法治困局。
The theory of mechanism design is to study how to achieve the prescribed institutional goal through decentralized personal behavior. The game mechanism of judicial mediation conforms to the theory of mechanism design. Under the condition that the law appears earlier than the legal relationship, judicial mediation can shape judicial authority and credibility and break through the dilemma of rule of law in China.