The Research On The Court Mediation System In China

The court mediation system as an important dispute resolution mechanism in China, has its unique advantage in resolving the dispute and maintaining the stability of social order in modern society. However, with the civil rights disputes in China becoming more and more complex and diverse, the defects of court mediation system in practice gradually apparent. How we can make our court mediation system continue to improve and perform its social function has become a hot issue in the procedure reform in China.This article analyzes the basic theories of the court mediation system in China, combined with the practice of the court mediation model in our country, and compared to the relevant legislation of other countries and regions, conduct the reflection and reconstruction of concept and system. The text is divided into four chapters:The first chapter elaborates the basic theory of the court mediation system in China. Through the analysis of the nature of the court mediation, to define the basic orientation of the court mediation. By analyzing the characteristics and the status of the court mediation system in our country, pointing out the unique of the court mediation system in China. The essence of the civil court mediation system is its four cardinal principles, they throughout the mediation process. Finally, describe the function of the court mediation system.The second chapter reflects on the traditional civil mediation system at first, mainly from two aspects of ideas and legislation. There are errors in the concept either litigant or the judicial officer in China for a long time, and there are deviations in the understanding of social to the mediation of the courts at the same time. In the legislation, the relevant legal system in China is still not perfect. The problems of civil court mediation system can be found only through reflection, and lay the foundation for reform. Secondly, all over the court at this stage of the practice of innovative models were summarized and analyzed, the practice innovation is an important impetus for the development of the civil court mediation system. Avoiding the weaknesses by summing up the advantages and disadvantages of various modes, so as to provide reference for the development of the system.The third chapter summarize the advanced and scientific system through analysis and comparison the relevant legislation of other countries and regions. These systems have an important inspiration to development of the civil court mediation system in the future, it can promote the innovation and improvement to the civil court mediation system.The fourth chapter reconstructs the modern court mediation system of China. Concept and specific system need to reconstruct both,obtained by reflection before. So correcting the concept of the civil court mediation system first of all. Secondly, analyze two controversial principles at this stage to solve the Ideological disputes. This article conducts detailed construction on the specific aspects of t he civil court mediation system, to expect a better transition to the modern court mediation system.