On Mediation System Of Court

The court mediation institution's reform is one of the hot issues of innovation in civil action. The deficiency in the current court mediation institution is studied in this book through comparing and analyzing related literature, and review on the history of mediation institution. Accordingly, the legislation suggestions on mediation institution are offered. This book is divided into five parts:Chapter one: the historical transformation of mediation institution. First, the cause and background of the origin of mediation institution in ancient China is studied and then I analyze the current mediation institution and general theory of mediation. Second, the characters and contents of mediation institution all through the ages are summarized. Chapter two: comparing mediation institution of China with that of other countries. Chinese mediation institution is obviously different from Hesperian institution by analyzing their characters. Therefore, Chinese mediation institution should be reformed basing on the reference of the mediation institution of other countries. Chapter three: discussion on Chinese mediation institution. From historical point of view, this chapter discusses the deficiency of traditional and current Chinese mediation institution.Chapter four: the necessity to reconstruct our mediation institution. Four aspects are involved in this part: the wants to develop market economy, the requirement to guarantee human rights, the needs to build the socialist country governed by low, the demand to the value of mediation institution. The conclusion is that it is necessary to reform the mediation institution because it itself does not adapt the current situation and has many defects. Chapter five: suggestions on the establishment of new mediation institution. The author lists some typical viewpoints and puts forward substituting settlement of action for current mediation institution and establishing Alternative Dispute Resolution.