"Ma Xiwu Judying Form" And Improvement Of Chinese Style Mediation

Mediation system has a long history in our country. For a long time, the litigation mediation of our country has once played a necessary and important role for solving the dispute of people's company matter and maintenance of social stability. It is called the " eastern experience" by the international judicial circle. However, from the 90's of 20th centuries, along with the development of rule of law modern developments of our country, The litigation mediation ,because of the random of its form,is to be inharmonious with request of modern rule of law and norm turns,It is regarded as the obstacle of rule of law developments ,To save or to discard ,the problem of Lawsuit Mediation System , has been a hot problem that many argue between theorieses field and the judicial circle in the last years。But most opinions think that the judge , as the assize ,shouldn't proceed the mediation, even lay claim to cancel the court mediation system.So does the litigation mediation system suit the Chinese contemporary judgment after all?The writer try to begin from the creation of the judge way of Ma Xiwu and its development process after the founding of China,From three sides,we discuss the importance that the litigation mediation system of our country play during law modernization developments of our country , at the same time give suggestion to perfect and improve the litigation mediation system .There are three parts:The first part expatiates the creation of the judge way of Ma Xiwu and its development processes.The creation of the judge way of Ma Xiwu is born in the new democratism revolution,which connects the mediation with combine together.It is a judgment mode that solves the civil case dispute .It is once to play an imporant role for the base and judicatory of China at that time.But from the 90's of 20 centuries,Along with the exhibition of law modern developments of our country ,the court system reform the judgment...