A Study Of Litigation Mediation In Civil Enforcement Procedures

It is an important element in structural litigation model to show a country's rule of law whether document of judgment by the people's courts are come into effect. Recently the so-called "difficulties of execution" in China makes the conciliation of execution worse, and how to effetely solve the problem is one of the most important contains in the reform of judicature. As a kind of legal culture, mediation has a long history in China. Mediation of litigation is an important litigant system in our country, has particular pole in solving dissensions, and is called as "oriental experience" by international judicature. In the system of executive mediation has affirmative role in accommodating relationship among people, and maintaining social stabilization. Nowadays executive mediation' system is not a normal legal method in our country, however executive reconciliation has important role in practice. Bringing the idea of mediation to the functions of execution not only determines the realization of the parties'rights in a lawsuit, but also concerns the stability and coordination of the civil social order. The system of civil executive reconciliation is necessary to solve "difficulties of execution" for the people's courts, and establish the judicial prestige.