Study On Litigation Mediation System Of People's Court

For a long time, the litigation mediation were regarded as China's fine traditions of civil trial work, winning international reputation in the legal profession, known as the "Oriental experience. But the traditional system of litigation mediation is controversy and once neglected due to its shortcomings. In building a harmonious society under the new situation, litigation mediation as owning the unique advantages of settling controversy completely is re-examined by practical profession, and has been further developed and improved. Through introducing judicial interpretation, issuing judicial documents, holding meetings and other forms, the Supreme Court has elevated the nature and significance of litigation mediation to a new level, giving a new connotation. Under the guidelines of judicial policy, the courts at all levels attach great importance to litigation mediation work, and explore actively new forms and new methods of litigation mediation. This has promoted litigation mediation work effectively, litigation mediation work has went into a new stage of development. As a judicial worker, the author making use of his own work advantages, from the perspective of judicial practice, using the ways of social surveys and statistical analysis, studied litigation mediation system. From the development of origin of litigation mediation system, modern evolution, and comparison with foreign mediation system, the thesis expounds systematically the history evolution of this system, elaborates and proves significance of strengthening litigation mediation system for our country's construction of a harmonious society, and the important position in our country's civil trial work. Through the positiveinvestigation about litigation mediation work of the two-grade court in Binzhou City, the thesis analyzes the state of litigation mediation work, analyzes especially the factors to constrain litigation mediation and deeply analyzes the unhealthy tendencies in practice. Based on this, from establishing a new concept of litigation mediation, strengthening focus case mediation, standardizing litigation mediation procedures, creating internal and external environment in litigation mediation etc, the thesis puts up the opinions and measures of further strengthening and improving the work of litigation mediation. Finally, the thesis points out, under our current political environment and the judicial system, litigation mediation would not achieve the ideal state as the theory designs. But as an ancient dispute settlement mechanism, it still has a strong vitality. Courts at all levels must take a correct attitude towards problems in the litigation mediation system, and improve it creatively for meeting the requirements of the times and China's national conditions better. We firmly believe that, with the completion of China's social transition and the continuous progress of the process ruling by law, with the continuous growing of public legal literacy and the gradual improvement of diversely dispute settlement mechanism, with the society's maturity of capacity for self-government and changing concept, litigation mediation system will get a new interpretation.