Study On The Reform To The Intermediation Of Court

As an important part of civil procedural law, intermediation of court has been treated as a fundamental principle of civil procedural law from New Democratic Revolution. However, such mechanism has been criticized by many scholars and practical operators. Intermediation also had been changed from priority to emphasis by lawmakers, and then intermediation shall be operated in accordance with the principle of unconstraint and legality. Some scholars consider such intermediation should be changed form a principle to mechanism, some even think it should been abolished and be replaced by reconciliation of parties. However, some scholars rethink such intermediation still has significant value in Chinese society and plays a vital role in the legal construction. So what problem exists in the intermediation and where it can come to?Actually, such criticism mainly comes from the facieses of intermediation, this article try to analyze the problems of current intermediation by use of the fundamental theories and values of civil procedure law and expect to get a solution to the current intermediation of court.Main content of this thesis shall be the following: Chapter 1 Problems exists in the intermediation of our country In this chapter, I shall generalize the current understanding of intermediation firstly, and by use of some fundamental legal concept such as the character of thepower of judgment or the value of civil procedure to analyze the theoretical and practical disfigurements of the current intermediation.Chapter 2 Reconstruction of the intermediationIn this chapter, in accordance with the disfigurations showed in the preamble and on the basis of different solutions advanced by scholars, I want to reconstruct the intermediation both in macroscopic and microscopic. The basic method shall be the separation of intermediation and judgment, the set up of judge of intermediation. And solve such disfigurations of current intermediation.Chapter 3 the construction of compound system to the reform of intermediationIn this chapter, I discuss some relevant systems and premises which puzzled the intermediation of court, such as whether the finding of fact should be the required premise, whether intermediation should be conformed with validity of both entity and procedural laws, or whether a relief should be given before the serviced of intermediation form. All this shall be necessary to the construction of a rational intermediation, and it also is the restriction to the system of intermediation. I try to analyze such matters by starting from my conceived intermediation system and get a rational solution from the reasoning both in theories and practices.