Court Mediation: A Judicial System That Should Be Reformed

Court mediation system play an important role in civil trial procedure of our country, whose existence and development is basing on historical, political, economic and cultural background. There is no doubt that the court mediation system is necessary to deal disputes and sustain social order in specific historical period and objective condition in the past. However, the system needs to be reformed otherwise it will have more passive effect because the social existence on which it based has changed. In fact, the court mediation system has already caused some problem just because it is behind the times. The problem produced in judicial practice causes discussing and researching. By so far, many scholars have studied the system with different ways about its reform and improvement. As a result of this, many research achievements of the system emerge.On the basis of the former research achievement, this article lists some opinions about the reform of the system. The necessity of court mediation system can be illustrated from the following ways. Firstly, the passive and appreciative nature of court's power is not accord with the active and administrative style of the mediation system in effect. Secondly, Maxiwu Trial Method does not adapt to present times as society develops. Thirdly, the system cannot achieve the purpose of civil procedure. Fourthly, the system has passive affect on developing the country rule by law. Last, the system has serious problems in its application.Basing on present situation of legislation and judicatory of our court mediation, referencing to common practice of other countries or districts, I believe that the system should be reformed violently. The court mediation system of present meaning must be abrogated so that judges can release from miscellaneous affairs of persuading clients and the court authority can be built through purifying trial function. At the same time, weshould reform and improve our conciliation system that has been existing, but not perfect inorder to meet the needs of client's selecting diverse procedures.