Intercede Program And Role Of Judge In Contemporary Civil Action

According to the social transition and judiciary development, the mediatory system which rising in the era of planned economy is not seasoned with the intricate economy and the demand of the social development. The disadvantage of the mediatory system dominated by the judge in the civil action has appeared. The mediatory system, regarded as"excellent tradition"and"successful experience", loses its glory by degrees. How to rebuild and rebloom the mediatory system in civil action, Based on the collocation of judicial resources at present it seems that the system of"detached intermediation and trial"is not suitable and tally with the efficient and economical principle in the civil action. Consequently, it is unacceptable to abolish the mediatory system that will leads to entirely negative of the excellent tradition. The mediatory system in the civil action has its own historical and practical merit. It will lapse from the demand of the social development if we still cling to the present mediatory system in civil action. As a result, we should do more research to cope with the dilemma. The thesis quests for perfecting the present mediatory system and framework based on justice through the judiciary practice, it also seeks reasonable approach of switching the judge's role form the dominant one to the adiaphorous persuader in the mediatory system.