Development And Control Of The Function Of The People's Assessor Mediation

Traditionally, there are five aspects of the judicial functions of People's assessor, including"trial, mediation, supervision, liaison and communication", and if we would like to develop the functions, certain mechanism is needed. At the present stage, in judicial practice,the court timely notice the advantages of the people's assessor and the effective of mediation in dealing with disputes, and integrate them ,then people's assessor mediation mechanism comes out. With the mediation of the function being affirmed, people's assessor mediation mechanism has many characteristics, mainly in the extend of the main body of the mediation, the lack of legal grounds, the diversification of mode of participation and the resemblance of the scope of mediation.people's assessor mediation fall into the court mediation, it's development and reconstruction are on close terms with the court mediation conciliation;as the same time, the defect of people's assessor system is also an important factor to compel it to revive and develop. the application of the mechanism save a lot of justice costs,so that it is popular with the court. However, the function of the People's assessor mediation is over-developing. thus, although People's assessor mechanism own legal and policy grounds,it also need a long-time process to theory-exploring and experience- gaining. On the basis of affirming the function of the People's assessor mediation,the mediation mechanisms need to be further consummated.The court could expand the scope of mediation body and consummate the training and evaluation system to foster enthusiasm and mediation skill of People's assessor in order to develop the mediation of the function;also,the court could standardize the scope of mediation, conciliation proceedinigs and strengthen the right-remedy to further control force of mediation as well as balance the function of trial and mediation.