Localization Of Mediation Civil Action's Function

Intermediation System is one system of our civil dispute settlement process, which has a long history. Time is changing but the emphasis and pursuit of mediation never changed. Intermediation system is still demonstrating its strong vitality since the establishment of modern law.Despite there are still some cases with negative effects analysis on the intermediation, it is still the favorite way of ending a case for the court to settle the civil dispute.The supreme people's court clearly view"mediation priority, judgment together"as work principle in civil dispute and notify all to praise those courts that have made outstanding achievements in mediation. Local court makes no secrets as well. The superior take the mediation work as the first index of the inferior, while the court take the lawyer's mediation rate into personal performance index, which turns out a current mediation tide.After a few times of ups and downs, mediation is still the most important content in pushing civil disputes. Civil disputes'legal concept is very easy and takes only a small part in the code of civil law, its core feature hasn't changed much in the process, either.To find out the reason of its ups and downs is to adjust the understanding about mediation's effect and position in civil action, in other words, to find out the deep reason of what kind of functions mediation needs to act leads to the different treatment.What role does the mediation civil action, famous eastern experience, plays is a subject, which needs to be calmly and deeply analyzed, when we face the mediation hot. This essay mainly tells the difficult position that mediation civil action faces, and makes the value and meaning of mediation action clear. I will cautiously analyze practical problems created by the mediation and its disadvantages, redefine mediation action's function. And in this essay, I combine mediation civil action with public mediation and administrative mediation, to pursue a more reasonable position for mediation civil action, and to make it more meaningful.