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Court Mediation Attorney overseeing research

Author: LiZuo
Tutor: DuanHouSheng
School: Fudan University
Course: Legal
Keywords: Court mediation Prosecutorial Supervision Counterappeal
CLC: D926
Type: Master's thesis
Year: 2010
Downloads: 32
Quote: 0
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Abstract


The court mediation is an important lawsuit system in our country, for a long time esteemed by the civil procedure theory and practice, occupying an important position in our civil procedure system. "The mediation" trial way also once became the leading one in our country civil case trial procedure. But since early 1990s, our country has started to carry on the reform for the purpose of enhancing the court trial function and quality. Echoing with it, the civil procedure theorists have launched about the court mediation system’s a big discussion, carrying on the violent attack to this system’s disease. In hereafter more than ten years, the court mediation system is infiltrated "the cold palace", and our country civil procedure is also gradually changed from "mediation" to "decision". Since 2004, to solve the long-pending case obstacle during the judicial reform, the court mediation system is advanced once more into the stage of the civil procedure. Under the request of establishing "the Trinity" mediation pattern including the people to mediate, the administrative mediation and the judicature to mediate, the court mediation as a dispute-solving system to link up with the lawsuit is receiving important attention again. In order to cater to the modern judicial request, progress of democracy and ruling by law, maximization of exerting the court to mediate the contradiction, the theorists has again raised the discussion on the court mediation system. The majority of viewpoints, taking adjusting the present mediation system as the view, proposed the internal reform or streamlining plan. But how to strengthen the external supervision actually rarely proposed, from which view, this paper attempts to make the discussion.This article is divided three chapters.The first chapter is to outline the court mediation system. Through introducing the meaning of the court mediation and characters, carrying on the analysis with several related systems, further clearly defining the value pursue and the functional localization of the court mediation. In addition, through inspecting our country court mediation system and overseas and the Taiwan area related mediation system, analyze our present problems of court mediation system.The second chapter, from the system design and the practice, elaborated the current court mediation system’s malpractice, prove the necessity to strengthen the prosecutorial surveillance. At the same time, through discussing the feasibility of prosecutorial agency to surveille the court mediation. The foundation can be built on the appropriacy and validity of prosecutorial agency’s surveillance on mediation.The third chapter is to make the tentative plan on how and what to supervise. Firstly, define surveillance’s scope to the court mediation, and clarify key point of the surveillance. Next, through the comparative analysis on counterappeal and re-trying proposal, seek the most appropriate and effective surveillance pattern for the prosecutorial agency. Finally, to safeguard supervisory authority’s concrete realization, proposed certain suggestions on how to obtain the surveillance actual effect.

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CLC: > Political, legal > Legal > Chinese law > Justice system
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