The Analysis Of The Mediation By The Court In Jurisprudence

In our country,Mediation,known as the "Oriental miracle", has a long history andhas the tenacious vitality.Beginning from 1980s, mediation system beganups anddowns in our legal history.Mediation was hot disscused by all coutry. However, inrecent years the government issued a lot about the mediation policy, and thesepolicies showed that mediation is important way to solve social disputes incontemporary China .Meanwhile, look aroud the other world,we will find that therule of law of mediation in developed countries, people can also attach greatimportance to understand their own through mediation, so as to achieve the right toparticipate in judicial process, constructing the purpose of rule of law order.In chna,mediation is divided into people's mediation, the rmediation by the court and soon.But the rmediation by the court take the biggest influence in China and at thesame time mediation by the court is criticized by all angles. In view of this, thispaper tries to write about the rmediation by the court at the angle of jurisprudence,by analying thethe rmediation by the court to clear the legal value systemcomposition, reconstructing the principle of court mediation system.I hope to havecontribution to Chinese legal process.So, this paper will be divided into fourchapters, the first chapter is about the introduction section ,which was designed toclear the reason why I choose this subject and subject theroy research. The secondchapter try to go through the history of our country by longitudinal ,then analyseingthe mediation system in contemporary China and the influence of choosing to settledisputes. Meanwhile ,let's to look at the judicial interpretation which were pressedby the state and the government.Also I will point out that the contemporary Chinafinally I will have a definition for the mediation by the court.The third chapter andchapter 4 are mainly about from the court mediation contains legal value analysis,have a finally conclusion of the soul of the mediation by the court , and through thereconstruction, let the mediation by the court to play out the biggest function inChina.