Research On The Remolding Of The Mediation System Of The Mainland

Object of this paper discusses mainly the mainland areas and the legal settlement of the Taiwan region but first of all,should be clarified in Taiwan and the mainland area of court mediation properties and the definition of the connotation is different,the Taiwan region of court mediation refers to mediation before litigation;The court mediation in the mainland refers to the mediation after the lawsuit,but there are many similarities in the legislative provisions of the two,which essentially point to the same content.Based on the same historical background,similar social and cultural environment,and the court mediation system in Taiwan in the mainland areas,establish the earlier after more than10 times of change,also in cases,give full play to the court mediation system to reduce burdens,saving judicial resources,alleviate the contradiction between the parties work more fully,so the court mediation system in Taiwan can be absorbed by the inland areas to draw lessons from,to complement each other.Based on the positioning of the dispute settlement mechanism,this paper puts forward the right to split the jurisdiction and the right of mediation.Based on the non-dynamic judicial position,the author proposes to weaken the control role of the court in the procedure or entity,limit the control of the court in the process of mediation,and most likely to respect the right of disposal of the parties.Court mediation system in Taiwan,it will clear case type is divided into the forced mediation,the petition mediation and trial program delivered in case of mediation,conciliation proceedings three rules,there is a difference between compulsory mediation case type with our first attempt to conciliate the same,but the force effectiveness of regulation is clear: to apply for mediation to produce artificial effect of prosecution,and shall not appear in court on schedule,so the judge in judicial punishment;In the way of the establishment of conciliation,it is more authoritative than the mainland,and the judge has to decide on the terms of mediation and propose the mediation plan.Transformation in the mediation fails and procedure,legal effect of provisions of artificial prosecutors,in case of mediation fails,apply for mediation as a prosecution,choose mediation program provides guarantee for the parties concerned.In the aspect of family mediation,the Taiwan area has clearly divided the family affairs cases into five categories,and the family mediation has aunique program supervisor,family investigation officer and other social assistance forces.Recognizing the positive role of the conciliation process in reducing disputes and narrowing the point of dispute,the two parties agree to request the court to terminate the case by ruling.Taiwan and the mainland area different adjusted trial mode is the root cause of the differences in the legislation,based on the proposed in this paper to mediation before litigation line umpire separation mode,distinguish between mediation judges and the trial judge;In the case of conciliation in the case of mediation,the two parties agree that the trial judge should mediate directly.Other proposed social mediation support staff team,strengthen the compulsory mediation "mandatory",gives the cancellation right of the parties and the right to apply for mediation fails,perfect the remedy procedure of court mediation from the mainland,and trying to,when the two sides agree to converge to the judge's power of mediation plan,make the beneficial attempt mediation functions and powers of intervention.