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Study on Court Mediation System in China

Author: ZhangJingPing
Tutor: LiuHongZhen
School: Jilin University
Course: Legal Theory
Keywords: Court Mediation Value Advantage Disadvantages and reasons Reform and improve the
CLC: D925.14
Type: Master's thesis
Year: 2011
Downloads: 385
Quote: 1
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Abstract

Court Mediation System of judicial practice and theoretical circles has been a hot issue of concern. Mediation to resolve disputes in China has a long history and tradition, in line with the pursuit of Confucian heritage and the people on the harmony of the natural order. Court mediation as a unique means to resolve social conflicts and disputes, in line with the objectives and requirements of building a socialist harmonious society in China, has a unique value and importance. In view of the Court Mediation System drawbacks in practice and to reform and improve the urgency, the original intention of writing this article. This paper attempts a systematic exposition of court mediation system in China, pointed out that the problems of court mediation system in China, and put forward the reform and perfect the system of court mediation in China's envisaged to overcome the drawbacks of the existence of the Court Mediation System, in order to make our court mediation system toward science, the track of healthy development, play a role in promoting the building of the country under the rule of law and the rule of law society. The paper is divided into four parts, from China's Court Mediation System Overview, Court Mediation System in China compared with Western countries litigation settlement system, the drawbacks and causes of Court Mediation System in China, the idea of ??the Court Mediation System in China four aspects discussed. The main contents are as follows: Chapter 1 Overview of Court Mediation System, pointed out that the court mediation, during the proceedings, under the auspices of the People's Court of the judicial personnel, the parties dispute the substantive rights and obligations of voluntary and equal consultation to reach a mediation agreement and confirmed by the court to resolve the dispute, the end of proceedings. Court mediation principles include: the voluntary principle, the principle of legality, to ascertain the facts, distinguish right from wrong principles. This paper argues that the identification of facts by the requirements of the judgment and should not be used as the principle of court mediation, the parties on a voluntary legal agreement reached should be supported, as long as the basic legal relationship is clear. Court Mediation System in China's emergence, development process gives a brief introduction. Closed with respect to the judgment, the court mediation has the advantage of the following values: (1) in China has a long history and tradition, for the people loved and accepted, in line with the Chinese Confucian heritage, the pursuit of \help to improve the efficiency of the work of the Court; (3) help to reduce the costs of litigation, conserve judicial resources; (4) be able to avoid aggravating the confrontation and conflict between the parties, is conducive to repair the relationship between the parties, the purpose of reconciliation; ⑤ automatically fulfill a higher rate , is conducive to real-time performance, solve the difficult problem of execution; ⑥ conducive to the organic unity of the legal and social effects, and promote the building of a harmonious socialist society. Court Mediation System value advantage, confirmed the necessity of the existence and importance of the Court Mediation System. Chapter 2 is the Court Mediation System in China compared with Western countries litigation settlement system, introduced with the Court Mediation System in China corresponding to the litigation settlement system of the United States, Germany, Britain, Japan and other Western countries, Western countries litigation settlement system Effect of Court Mediation System in China is different from inspiration: mediation and trial system of separation of phase separation of the mediation host the trial judge in the Western countries litigation settlement system, the mediation process weakening terms of doctrine, and implement the adversary, and to strengthen the mediation agreement implementation of evaluation of evidence on the facts of the case and evidence discovery, the judge and the parties on the aspects of the case point of contention and legal issues full and frank exchange of practice-oriented repair the relationship between the parties in the mediation process are worthy of us to absorb and learn from . Of course, due to China's specific national conditions, in some places obviously can not copy from, must be combined with the history and reality of our country, to be selected absorb and learn. Chapter 3 the drawbacks and causes of China's Court Mediation System, discusses some of the major drawbacks from the Court Mediation System in China and lead to many problems two reasons. Court Mediation System drawbacks are: unity of conciliation proceedings and judicial proceedings; inquisitorial in strong colors; mediation long life cycle, low efficiency of mediation, \supervision and restriction mechanism, affect the authority of the courts; mediation function expansion, the sharp decline of the trial function, is not conducive to establish the authority of the rule of law and enhance the quality of judges; court mediation and litigation mediation mechanism convergence is not smooth. This paper argues that these problems because: not a correct understanding of the value of the Court Mediation System, mediation and judgment in court litigation system positioning error; unity of the mediation process and judicial proceedings, the judge several roles; terms of litigation mode affects too deep, the parties on a voluntary principle is virtual; single judge evaluation mechanism, seeking to maximize the interest of the Court. Chapter 4 discusses the idea of ??the Court Mediation System in China from the correct positioning of the Court, the main part of the mediation in the litigation system, the phase separation of the mediation process and judicial proceedings, to change the terms of reference of the judges' mediation model, the establishment of the supervision of the mediation agreement and The guarantee mechanism, the establishment of a wide range of evaluation mechanism for judges, court mediation and litigation dispute resolution mechanism docking discusses five aspects, to explore effective measures and methods of reform and improvement of the Court Mediation System. Article last part of the conclusion, briefly summarized the court mediation system.

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