On The Mediation System In Civil Litigation In China

Civil mediation system to resolve civil disputes between the parties concluded an effective way. Mediation refers to the people court judges under the auspices of Chinese abstract state laws, regulations, rules and regulations and state and local policies based on social ethics, Summary of the Chinese parties to a dispute to mediation, to persuade, encourage them to consult, Chinese summary and mutual understanding achieved, voluntary consensus agreement in order to eliminate the activities of disputes, Abstract It is the Chinese people court proceedings under the auspices of behavior, litigation, litigation activities; it is the people court trial, an extension of mandate of the people courts powers to exercise their rights with the parties on the intersection of Disposition. Abstract in Chinese civil mediation is fully reflects the essential characteristics of self-consciousness parties, urge the parties to the premise of voluntary participation in mediation and agreed on the basis of mutual understanding and accommodation of intention to make the dispute between them to achieve a satisfactory solution. Chinese summaries the main principles of civil mediation is voluntary principle, and is currently in the process of civil mediation, the mediation did not truly voluntary principles are followed and implemented, it should further improve the system of civil mediation, civil mediation will be effective This important ways and means of dispute resolution were passed..Chinese Abstract At present, China civil mediation system, there are still some defects and disputes, defects such as:the parties appeal and interest concessions conflict between protection of the rights; strict accordance with the applicable law to resolve disputes and conflicts between arbitrary; Summary of the principles of Chinese voluntary rejection of mediation in civil proceedings; ascertaining the facts, distinguish right from wrong; principle constraints on civil mediation; of civil mediation and other utilitarian purposes. Chinese summary the following main points in dispute:About Civil Mediation System of waste, storage of the dispute; on & quot; find out the facts by the & quot; principle of mediation exist, waste controversy. Chinese Abstract For Mediation flaws exposed by the system and the shortcomings of the legislation is not a defect, but the human factor, so the reform of the existing civil malpractice mediation system to further improve the civil mediation system, through the comparison with foreign systems and learn from, I believe that civil mediation system should improve the procedural and substantive aspects of two, for example:in the procedure, the conciliation proceedings before the trial started by the parties and provides for mediation period; Abstract Specification Chinese way of conciliation proceedings; host mediators and judges should be separated; the mediation of civil cases must be open to the public, not by way of back to back; specific period of each stage of the mediation proceedings, to prevent the transfer is not a long sentence; Chinese Abstract wrong remedies civil mediation program; in physical terms, the parties adhere to the voluntary principle, by the parties to choose mediation or adjudication; Chinese Abstract repealing & quot; ascertaining the facts, distinguish right from wrong,& quot; the principles of the Civil Mediation; clearly the people courts can be civil mediation cases range.Abstract with the Chinese judicial reform, status quo of civil mediation system can be further improved, and also further promote the improvement of civil litigation system, together tightly knit community," the law of the network & quot; to promote the further development of our legal system and the realization of social harmony.