In The View Of Jurisprudence Of The Court Mediation System Analysis

As an effective way to solve the dispute, mediate is a distant system and lasted for a long time. In the wide range of mediations in China, it can be divided into two major categories: court mediation and social mediation. This article is intended primarily for court mediation discussion. As a shortcut and flexibility of dispute resolution mechanisms, mediation has been given extensive attention, but when interviewed by review of entity justice and procedural justice, the system has repeatedly into a predicament. We usually see the Court mediation to resolve disputes efficiently, ignoring the mediation real prerequisite for Justice:That is sound and thought of social standard of the rule of law and the smooth of the public opinion. Reform perspective is often a matter of the past to conduct an analysis of the system-specific, and this article attempts to put the mediation system in modern framework of the rule of law, proceeding from the long-term goal of building the rule of law in China, in the view of jurisprudence of the Court mediation system analysis, to identify the way of reforming the system.This article can be totally divided into four chapters:The first chapter is basic concept of the court mediation, explained the basic concept of Court mediation, and features, and principles, and legal nature, while leads problem; In the second chapter we'll put a view on the history and evolution of this system, and applies status for investigation analysis; And in the next chapter we'll find some existing problem; The third chapter is the focus chapter in this article, this chapter also can be divided into two parts, the first part put an actual investigation on Court mediation system, pointed out that the system practice failed into a dilemma again and again, then analysis the reason of this dilemma; the next part is mainly attained to analysis this system by the view of jurisprudence, for the propose to find the way of reforms; The last chapter mainly discussed for reform of this system, to find a perfect way to replace Court mediation.