From Mediation To Conciliation

From the origin and development of law and the current situation of mediation system, the article proposes that mediation system should carry on the reform. The way of the reform is through abolishing the system of mediation and Setting up the system of conciliation. The article is described from following several respects: First, choosing law is mankind's simultaneous choice. There is line legal tradition in the west, and our country go on the legal readjust now. We do not have real legal tradition according to history of our country. Today, the background is socialist market economy. There are various questions in the judicial system. Judicial system carried on many kinds of reform. Theory circle need a reform too. All these need us to draw the foreign legal experience, summarize the rule of development of the system of civil procedure, serve legal construction of our country. Second, with mediation system developing so far, the drawback is very heavy. The article states the developing history of mediation system, admits the advantage that it exists, and points out that its drawback is main. We should abolish the mediation system finally. Third, we should construct the conciliation system in the civil procedure; substitute the mediation system with it. Article proves the possibility of construction, points out that conciliation replacing mediation is an irreversible trend of the development of civil procedure system; Article states how to construct conciliation system. We think that the conciliation system should divide into two parts, conciliation system before trial and conciliation system in trial. Author thinks that the development trend of civil procedure is to give parties more rights to choose. So we advocate absorbing the western ADR system and supplement the conciliation system perfectly.