| As a fine tradition and successful lesson of civil judicial activities, the civil lawsuit mediation, which is one basic principle specified by the civil procedure law of China, occupies a crucial legal position in the theories and practice of our civil procedure law and is honored as the oriental experience in the international judicial domain. Cases of civil dispute involve innumerable house-holds or families of society and various facets of ordinary life, so it is quite important and beneficial to safeguard the stable and quiet situation of society, to maintain social order and to save the limited judicial resources by properly using the mediation methods to settle disputes. Especially during the construction of a harmonious society sponsored by the Central Government, the oriental experience shall be improved into a prerequisite legal booster. In the past few years, accompanied by the global reform on civil litigation, many countries have emphasized the role played by the mediation and compromise in dealing with cases and to settle disputes with mediation methods has become the judicial trend. However, there are still many defects in the current China's civil judicial mediation system and some of them shall be abolished immediately. The problems with our civil judicial mediation system have restrained the development of the advantages of mediation system. In order to improve and make better our civil judicial mediation system, I, with the reference to the practical problems I have come across during my judicial activities and the mediation or comprise system of some relevant countries or regions and, after making an analysis of the value of our mediation system and a study of its development, put forth some proposals for mending and improving our civil judicial mediation system in terms of theory and practice. This dissertation is divided into five sections:Section One first defines the concept and characters of civil judicial mediation system and then makes a value analysis of mediation system. After illustrating the historical and practical significances of the mediation system, the dissertation makes a reasonable assessment of the civil judicial mediation system.Section Two introduces the historical development and modification of China's traditional judicial mediation system, analyzes the social, political and cultural background of our civil judicial mediation system and discloses the connotation of China's civil judicial mediation system.Section Three discusses the theoretical design defects of China's civil judicial mediation system and, in consideration of judicial practice, after putting forward the demonstrable defects of the current civil judicial mediation system and the adverse impacts which many other exterior elements have upon the judicial mediation, this section analyzes the problems with the current civil judicial mediation system of China, and hence provides theoretical and practical support for improving China's civil judicial mediation system.After studying and analyzing the civil judicial mediation system of some relevant countries and regions such as the United States, Japan, Germany, France and Taiwan from China, Section Four tries to improve China's civil mediation system by referring to the achievements of those countries.Section Five analyzes and evaluates the several reform plans and schemes of China's civil judicial mediation system and put forth my ideas and plans on modifying and improving China's civil judicial mediation system. The ideas and plans I put forward are mainly as follows: to formulate a law on civil mediation; to combine and modulate the judicial compromise system and the civil judicial mediation system; to establish the imperative mediation rule and independent mediator rule; to settle the conflicts between the trial time-limits and the time consuming mediation; to modify the method of collecting the legal cost; to improve the System of People's Mediation of China; and to constitute the judicial ADR of China. |
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