Rethinking And Reconstructing On China's Lawsuit Mediation System

Civil disputes are numerous and complicated, the ways to revolve civil disputes are many and varied, for the nature and type of disputes are different, lawsuit mediation system is one of the most having Chinese characteristic system in Chinese civil action system. Lawsuit mediation system being reputed "East Experiences" takes deeply root in the Chinese traditional culture soil, and the function it displaying in resolving civil disputes cannot be lightly estimated. Along with the economical unceasing development, the social contradictions are also unceasingly intensifying; all kinds of growing cases day by day cause the courts has already couldn't bear, so it is an urgent need for courts to unceasingly explore the multiplicity way to resolve disputes. In the unceasingly propelling process of judicial reform, the self-defects of traditional lawsuit mediation system are also gradually coming out. Recent years, it is always a focus point of academic circles to take attention to lawsuit mediation system reform, even they having intense arguments on having or abolish this system. The thesis first elaborates the historical developments and present situations of our country lawsuit mediation system, carries on analysis on the value of mediation system, and points out the necessary existence for lawsuit mediation system in our country. The author also put forward some main questions existing in our current lawsuit mediation system through discussion and analysis. This thesis also expounds mediation systems of other countries and Taiwan area, through comparing with our mediation system, in the premise of retaining our country existing lawsuit mediation system the author advocates to consult correlation mediation systems of other countries and area, and reconstruct our lawsuit mediation system, for the purpose of unceasingly perfecting this system in legislation and making this "East Experiences" serve well our trial practice.