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Research on System of Mediation of the People’s Court

Author: ChenChen
Tutor: YangChunFu
School: Nanjing University
Course: Legal Theory
Keywords: Court Mediation Dispute Resolution The principle of mediation Desirable Policy
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 154
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Abstract

Since more than 30 years since the reform and opening up, along with the gradual progress of the construction of the rule of law, the court trial system developed by leaps and bounds. As an important part of the way of the trial court, the people's court mediation system also has experienced the ups and downs of an unprecedented shock. Through court mediation system more than 30 years changing Approaches Analysis and Related Research, allows us a more profound understanding of it, and thus have a more clear idea of ??their future development and improvement. This article will shut the internal mechanism and external practice involving court mediation system: internal mechanism of justice data changes by more than 30 years of reform and opening up to reveal the institutional and social causes. Furthermore, the combination of the modern concept of rule of law, argumentation court mediation system to meet the requirements of the rule of law, in the presence of modern society has completely legitimate and rationality. External practical experience by the author in March 2010 in a grass-roots courts with typical mediation cases perspective Court Mediation operation in practice, as well as the problems. View on the theory and practice of court mediation system deficiencies and defects can be found, you can take steps to improve. Judicial data, by 1980-2010 the first instance civil cases closed total mediation the concluded amount and proportion of mediation closed statistics can be found in more than 30 years can be basically divided into three stages :1980-1989, 1990 - Since 2003 and 2004. During this period, the basic norms of court mediation from the emphasis on mediation to be able to adjust the tone when the sentence is sentenced to mediation first, adjusting sentenced combined. This shift is largely caused by changes in national policy, but also penetrate judicial philosophy, the impact of the socio-economic conditions of the parties and the judge attitude changes in the size of the force of these factors in different periods vary, leading to The results are quite different. Theoretically basic court mediation system has been severely criticized since the reform and opening up, but never die, there must be internal legal basis, the value of the demands and the legitimacy of the principle. Court mediation recognizing party dominant position of respect for party autonomy and freedom of expression by the parties desire to protect the fairness of procedures to promote dispute resolution through the pursuit of substantial justice, through the use of common sense, common sense and common sense combined with the handling of specific cases to generate social norms. Unlike traditional mediation, court mediation, the value of freedom, efficiency, and thus determine its legitimacy principle: to reflect the parties voluntarily to ensure that the legitimate dispute resolution, the pursuit of the convenience of dispute resolution and dispute resolution confidentiality. In practice, the actual functioning of the court mediation Kind together grassroots court case is typical. A detailed description of the whole process of the case, you can see the the judge mediation use a variety of skills, mainly six: conversations in order to narrow the distance of the parties, with emphasis from a reasonable point of view to persuade legal deterrence and easy communication agree with the other forces and collective decision-making. The case has also exposed the problems of court mediation, mainly including the judges judge coincides with the identity of the mediator, the parties choose mediation program rights have been infringed, the lack of effectiveness of court mediation book and judges the Mediation rate setting four indicators too high These problems seriously affect the normal operation of the Court Mediation System. System improvement, in order to further play a role in the court mediation system, respectively, from system design and system participants both to reform and improve it. System design, the current court mediation the \Ming facts, distinguish right from wrong principles, clear connotation of the principle of legality and increase the principle of confidentiality; the court conciliation book effectiveness is also an urgent need to clear. The participants in the system, it should be to protect the parties of Civil Procedure option to change the standard of performance appraisal of judges.

Research on System of Mediation of the People’s Court

Abstract

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