Study On Several Problems Of Perfecting Court Mediation System

The court mediation system is one of the important components of thecivil proceedings system of our country, whose special systematic regulationsand application principles are the creation of the judicial circle of our country.However, with the continuous deepening of the reform and opening of ourcountry, the current mediation system of our country has becomeinappropriate to the modern society in some aspects, whose functions andvalues cannot be fully represented. And a series of programs of reforming thecourt mediation system have been presented in the circle of theory. The papertries to provide some suggestions of legislation of the reform of the courtmediation system of our country, through the analysis of the court mediationsystem and study on the mediation systems and relevant principles of variouscountries. The paper can be divided into five parts. Part I is the overview, which introduces the evolution and development ofcourt mediation system and makes analysis of the property, value orientationand functions of the court mediation. The author thinks that the formation ofChina's mediation system has its thick cultural background and social basis.Although it has the value orientation of snuffing and despising human rightsand interests, it contributes to regulating human relations and promoting socialstability to some extent. In the meanwhile, it is pointed out that the courtmediation system of our country is the initial creation of the world civilprocedural law and it has undergoes some phases in legislation. Through theanalysis of the property and value orientation of the court mediation, it is alsopointed out that the court mediation has the functions of dissolving social 51conflicts, stabilizing social order, saving the cost of lawsuit, improving judicialefficiency, maintaining the balance of interests, realizing justice andaccumulating judicial experience as well as promoting the perfection of law,ect.Through the above analysis and evaluation, we have a deeperunderstanding of the important roles of the court mediation, which providesthe theoretical basis for further perfecting the court mediation system to someextent. Part II is the introduction of the court mediation systems of variouscountries of the world. Through the introduction of the court mediation(reconciliation) systems in Germany, US, Japan as well as Hongkong andTaiwan of our country, enabling us to have a further understanding of thecurrent mediation systems in the world, and at the same time through theanalysis and comparison of the court mediation systems between theabove-mentioned countries and our country, enabling us to realize thatalthough there exist differences in the concrete practice and regulations of thecourt mediation of all the countries, the court mediation has become thecommon means of resolving disputes taken by all the countries of the world. Part III is the current situation and dilemma of the court mediation systemof our country. Through the positivist analysis of the current operatingsituation of the court mediation of our country, the author gives a highevaluation of the roles played by the court mediation system in the pastsettlement of disputes, and points out that the court mediation system of ourcountry has undergone a curve process of development. The two major factorsof impacting the performance of the functions of the court mediation systemare analyzed, that is, the factor of social reform and the factor of the systemitself. Through the above study, the author thinks that the current dilemma 52facing the court mediation system cannot be changed, depending on the reformof methods of judgement and its own efforts of the court alone. Only throughstudy of the construction of systems and revision of procedural law, can therole of the court mediation be played further. Part IV is the analysis...