Harmonious Society Commissioned Construction Of The Mediation System

Will produce a system with a particular background of social development linked to the mediation system in China's legal history has an important place, as a modern legal term in the Republic of China, have emerged. People from the base during the mediation system has been well used, is by far China's development of one of the most perfect system, was hailed as the oriental experience in Western countries. Mediation in the number of cases surged in recent years and the People's Court of the relative shortage of resources obtained under the Court's attention at all levels, and thus derive some new types of mediation system, which commissioned the mediation system is a wonderful work. Commissioned by the judicial mediation system similar to Western ADR system is the court to prosecute civil cases the Court's relatively simple, with the approval of the consent of the parties, the commission has a certain relevant professional knowledge and mediation skills, mediation organizations and individuals in order todispute settlement system. Entrusted with other types of mediation mediation system can not replace the legislative system, the value of economy and efficiency, although few in the current legislation clearly provides that only in the judicial interpretation of the individual has been confirmed, but the commission still widely practiced mediation system necessary and its building of a harmonious socialist society for far-reaching significance. Commissioned by the mediation system has been in practice abroad, although the names are different, but the mediation of the commission system would be similar, it is worth in the future of the legislation and judicial practice and learn. In recent years, commissioned a mediation system in Shanghai, Shanxi, Anhui, Henan Province, the Court has formed a number of characteristics with their practice patterns. Of course, as the system of a newly formed embryo, there are some problems, such as the title of the mediation commission, commission objects, time and other non-uniform, the program settings are also still some confusion, the parties the right to choose whether the procedures are fully respected and protected and so need to examine. Involved in the mediation system as commissioned by the mediation of the court, the Court and the commission how to deal with the relationship between mediation organizations, and the accurate location and status of the mediation commission scope of accepting cases, which require the court to examine their own responsibilities clearly defined at the same time.