The Research On The Legal Issues Of Mediation Security

As a new part of mediation system, the medication security system has been set up in our country. It has ,to some extent,public nature of the civil procedures laws, and covers both the substantive and Procedural laws. It is not only the perfection of some aspects of a regulation, but represents the reform of China's civil trial structure. The essence of medication security is the preparation for civilian implementation and it is a temporary measure that the applicant maintains certain financial state .It composed the trial security along with custody guarantee, security of implementation and they are different from each other.There are three types of mediation security system: mortgage, pledge and guarantee. The security of civil retention and the security of deposit due to the special nature of their own, can not be applied to the conciliation proceedings. And the debtor in the mediation can not secure their own debt by guarantee. If a mediation security were set up it must be secured by the parties to reach a consensus of agreement as well as the consent of the court, and must be in written form.Entity value, procedures and social values constitute the value of the mediation security system. It ensures free and fair by letting the parties voluntary participation on an equal footing, by simplifying the dispute settlement proceedings to improve the efficiency of the social value, and the rapid dispute settlement substantially reducing the pressure on the court, as well as promoting the rule of law in the development process.Mediation security system defects mainly in the following areas: the time inconsistency of entry into force of security and mediation, the lack of protection for the interests of the guarantor out the case and it is not clear the way of responsibility guarantor should take.So, to better mediation security system must make clear the elements of it into force, its type and its effect.