一、删除《民事诉讼法》第85条“在事实清楚的基础上，分清是非，进行调解”的规定笔者认为，“事实清楚、分清是非”是作出公正判决的前提，而不应作为法院调解的前置条件。因为：(1)调解和判决是法院审结民事案件的两种基本方式。确认、维护当事人合法权益，依法作出公正判决 I. Deleting the Provisions of Article 85 of the Civil Procedure Law “On the Basis of Clear Facts, Making a Differentiation of Right and wrong and Conducting Conciliation” The author believes that “facts that are clear and distinguish right from wrongs” are the preconditions for making a fair judgment and should not be used as court mediation Preconditions. Because: (1) Mediation and judgments are two basic ways for the court to conclude a civil case. Confirm and safeguard the legitimate rights and interests of the parties and make a fair judgment according to law