Mediates By The Civil Action

As a mechanism for resolving civil disputes one of China's civil mediation is inherent in the traditional way of come. China's Civil Procedure Law provides for mediation is a fundamental principle of Civil Procedure Law, Civil Procedure mediation system more people's courts to exercise jurisdiction as a way of Civil litigation system in China occupies an important position, Internally as the "fine tradition" in foreign countries are known as "oriental experience." For a long time, the majority of cases of civil disputes to mediation of the way closed, it is not only able to quickly resolve disputes, but also conducive to social stability, the practice of the trial to play an important role, which makes China's civil mediation in most civil trials Characteristics of the system. However, along with the social value of diversity, decentralized structure, social relations of the lease, not only to a limited judicial resources can not growing number of civil disputes of the burden, but the main result of the awakening of consciousness, making China's current civil mediation system has been Unable to face the community in resolving the dispute justice and efficiency requirements, which call for China's current civil mediation system reform and reconstruction, And thus trigger the thinking of many scholars around the mediation of civil litigation, waste, to put forward a number of opinion point of view. In judicial practice of the profession more civil mediation system for a bold reform, however, civil mediation system in the theoretical construction and actual operation did not get better solution. In view of this, I inspected the civil mediation system in the history, compared to other countries and regions related systems, analysis of China's existing civil mediation system and the shortcomings of the need for reform proposed on the basis of perfecting China's civil mediation system Suggestions With a view to China's reform and civil mediation system benefit.The full text is divided into five parts:The first part of the concept of civil mediation system, the nature and role of a brief introduction.The second part of China's civil mediation system to the origin and development of inspection.The third part of other countries and regions of the relevant systems to compare. Through the United States, Germany, Japan, France and China's Taiwan-related system, draw inspiration from.The fourth part of China's existing civil mediation system has disadvantages and the need for reform. China's current system of civil mediation in many of the problems, more and more mediation does not apply to social progress and economic development, the existing civil mediation system and the purpose of civil conflict, with the goal of establishing the rule of law social contradictions, and the trial In practice have a serious negative impact, thus proposed to the existing civil mediation system reform is imperative.Part V of China's current system of civil mediation improve the proposals. Highlighted the mediation system is not the basic principle should be implemented for a trial separation mediation system, mediation and judgement will be two different ways to resolve disputes according to their characteristics separate provision prohibiting the mediation of judges and trial judges in the dual role Competing, no longer "the facts clearly distinguish between right and wrong" as the principle of conciliation, the establishment of diversified, simple and dispute resolution procedures, the establishment of estoppel system, strictly limit the parties estoppel, improve the appeal mechanism for docking, a pattern of interaction mediation, strictly limit Mediation period, avoid litigation a waste of resources and so on.