The Court's Role In Grand Mediation Mechanism

The grand mediation mechanism develops from people's mediation. And it is fuelled by the social contradictions, which contains a variety of social forces of resolving social conflicts. Under the background of grand mediation, the problem of role must be faced by the mediation system and Chinese judicial. The article takes D county in Chengdu city for example, through comparing the materials collected by empirical research, analyzing the actual role deeply when court operates in grand mediation, and adopting the methods of scene supposing to explore the court'role in grand mediation. Firstly, we assume that court in grand mediation may play the three different roles, which is named leader, onlooker and participant. Analyzing different roles in further, we analyze the reasons of different roles, and obtain the conclusion exactly what role in China's current judicial system is relatively appropriate. In the analysis, we focus on discussing the assumption that whether the court should be a participant.The structure of article will be divided into three scenes. The reasons of assuming that court in grand mediation plays a leader are the court's function of social controlling, legal profession, the final judicial authority and judicial effect. The reasons of assuming that court in grand mediation plays a onlooker are strict judicial independence and ensuring judicial impartiality. The reasons of assuming that court in grand mediation plays a participant are the necessity of court taking part in grand mediation,limited judicial independence , limited Judicial resources and the Judicial effect. Finally, the article summarizes the roles of leader and onlooker , and thinks that the role of "participant" might be more appropriate. The role of "participant" mainly displays in guiding service and security status. When it comes to the guidance and service, the court's guidance and services should be focused on professional work, and should not be involved in the other. In this process, the court must grasp moderated principles, neither interfering the other types of mediation for the services of guidance, nor participating in directly. And the court must do the lawsuit adjustable docking work well. In the grand mediation mechanism, the court shall maintain the status of a participant. Only in this way can we achieve impartial, effective safeguard social fairness and justice, and achieve judicial justice, promote social harmony.