The Reform And Perfection Of Civil Procedural Mediation System In China

In the contemporary world, the conciliation system has been attached such an unprecedented importance, in any legal system and any country. The activity of turning to the ADR spreads like a raging fire. In our country, since the Code of Civil Procedure Law of the People's Republic of China (trial implementation) has been implemented, the theory world has never stopped debating on maintaining or abolishing the conciliation system in the litigation and its reform. From the 1990s, the court' s judicial reform has been raised, then developed and exploded, which pushed the subject of reform and perfection of the conciliation system in the litigation to the advancing front of the theory study and practice operation. In order to summarize the phased achievements of the conciliation system in our country both in theory and practice, the supreme people's court has issued the stipulation on several problems in the work of the civil conciliation in the people's court in 2004. This stipulation, however, is still not much comprehensive and specific. Seeing that the study of the conciliation system has not yet been completed, the author has made an investigation and study on this subject in the two levels' courts, situated in a certain city in the north of the Hunan province. With the author's trial experience on the civil cases, which is more than ten years, He feels that the restore and reconstruction of the civil conciliation system is feasible and also necessary to solve the problem of the difficulties of the enforcement, the increasing number of people who appeals to the higher authorities for help and the depreciation of the just image of the court. It is also in line with the direction of the present law government. The author has a great interest in studying the conciliation model before the hearing. He recognizes that this model can help to enhance the conciliation efficiency and further reflect the fair value of the conciliation process; therefore, it is worth to do some further researches on this model.Taking the trial practices of a medium-developed two levels of court which located in the north of Xiang area as an object of its case study, this thesis gets a perspective to the function and value of the lawsuit mediation system from the judicial practices in and abroad, and the value essence of the lawsuit mediation system adopting a real diagnosis method. It holds a view that lawsuit mediation system plays an important role in civil disputes, on the basis of the investigations made by the author, thus it should be a key channel to solve civil disputes. What's more, it analyzes the necessity and feasibility of building new mediation system from the following three view points: the reform of the evident malpractice of modern lawsuit mediation system; the circumstances for the development and perfection of the market economy in our country and the professionalism of the judge troop. In addition, it demonstrates the basic conception of establishing the "in-front-of-the-courtyard-mediates" as the main one of lawsuit patterns from idea reforming, principle system adjustment, pattern restructuring and related matching systems. The author believes that the in-front-of-the-courtyard-mediate must have great impact on civil action system, and hopes that this paper will provide some references to the court-decision-making.