On The Improvement Of Chinese Court Mediation System

The Court Mediation took a basic principle and one kind of legal procedure, are our country civil action system most has the characteristic the system establishment, is playing the indispensable vital role in the solution civil dispute. However, along with the Chinese society government by law historic course unceasing development, the Court Mediation appears gradually in the system design flaw and the trial practice malpractice, needs to carry on the consummation. The aim of this paper is to discuss the perfection of Chinese Court Mediation System.This paper is consisted of four parts. Part one introduces briefly about Chinese Court Mediation System. Part two discusses the pros and cons of today's mediation system in detail. In order to innovate our legal system, Part three introduces briefly about some relevant mediation systems in other countries and regions. Compared with Chinese legal system, some common and different threads existing in these systems are listed. Part four introduces the author's opinion about the improvement of Chinese Court Mediation System. Section one introduces the idea reconstruction concerning about Chinese Court Mediation System. This section mentions we should establish some important principals, such as the voluntary principal, the legitimacy principal and the principal of applying"find the actual fact and judge impartially"guideline to our mediation system scientifically and rationally, etc. Section two introduces a new Chinese characteristic mediation system created by Nantong Intermediate Court. It is one of the ADR methods combined with Court Mediation System and Society Dispute Resolution Mediation System. Based on the function and the situation of this system, this section analyses the concrete methods about the improvement of this special mediation system.