Design Of Reformation Of Chinese Judicial Mediation System

The judicial mediation, as an important traditional system of judicial sector of our country, on one hand, play an irreplaceable role in solving disputes and putting down conflict, on the other hand, no matter in theory or in practice, has been appearing and producing some leakage. The judicial mediation containing the inside crisis at the beginning, has been unable to face the requirement for proper and fair quality of dispute-solving procedure. So reforming and even constructing Chinese mediation is imperative now.After retrospecting the history of Chinese judicial mediation system ,analyzing the effect of today's judicial mediation, and combining the reform of judge's system taking professionalism and before-try preparing procedure. Then drawing lessons from the relevant systems of other countries and regions, the economic reform goal according to Chinese judicial tradition should be : In the frame system of the lawsuit, purifying the way of jurisdiction enforcement, giving judge and judge assistant judicial power and mediation power respectively in the mode that trying and mediation are separated , making jurisdiction and mediation properly separated in personal identity and stage. Moreover, remedying the separation of jurisdiction and mediation functionally, complemented with reconciliation system in action.