The Remodeling Of Civil Proedural Mediation System In China

The civil lawsuit mediation system is one of the most characterful lawsuit systems in Chinese Civil Proceedings, which is also an important as well as an indspensable part of Chinese dispute settlement mechanism. It was summarized in the long-term judicial practice of our country. This system plays a positive role in many aspects, such as the settlement of dispute, maintaining of social stability and unity., the building of a harmonious society as well as saving the costs of judicial and so on. However, Chinese current civil lawsuit mediation system still has many insufficiencies and drawbacks, and as the deepending of the reform of trial mode , it has gradually exposed many pomblems of this system in judicial practice, which greatly hindered its advantages that it should have. This article hope to start with the theory system of the civil lawsuit mediation. Through tracing Chinese historical development process of the civil lawsuit mediation, comparing the similarities and differences between domestic systems and foreign ones, we hope to explore the currrnt situation and existing promblems of it , and then put forward innovative opinions of remodeling Chinese civil lawsuit mediation system.The article will be divided into five parts. The first part mainly analysises the concept, properties,characteristics,theories of remodeling of Chinese civil lawsuit mediation system and so forth, which are the theoreticle base for putting forward the remodeling ideas. The second part introduce comparing inspection between Chinese civil lawsuit mediation and relevant systems domestic, such as people's mediation system, administrative mediation system and so on. In order to learn from its strong points to offset our weakness and draw lessons from advantages of it, the third part make comparasion with foreign relevant system. The fourth part mainly aims at comprehensive analysis of the disadvantages of Chinese civil lawsuit mediation system and its nessecity of remodeling, meanwhile renumerates succed explorations considering Chinese civil lawsuit mediation system in differren regions, so as to be of profit to the remodeling of it. The fifth part mainly presents some viewpionts and suggestions of remodeling the Chinese civil lawsuit mediation system.