Reconstruction Of Civil Mediation System In Our Country In View Of Harmony

Mediation as an importance means of dispute resolution has a long history in China, in two thousands of years feudalism society in China, mediation played an important role either in dispute resolution by government, or in civilian dispute resolution, and brought far-reaching effect on dispute resolution system in our country.Mediation is applied most frequently by court to deal with dispute resolution and end cases, the system has unreplaceable function and value. With the reformation of judicial mode getting embed, active mediation system's defects are also emerged. To resolve the problems existed in legislation and practice of court mediation, both scholars and practicers make full discussion on how to improve mediation system in civil procedure and put some ideas into practice.In this article, writer makes a historical review on mediation system in civil procedure, and analyses the actuality and present defects of the system, and uses foreign countries and our Taiwan district's mediation system for reference, then combineing with the scholar and practicer's discussion on how to improve and reconstruct mediation system, expatiates the necessity of reformation of mediation system in civil procedure, and brings forward the ideas on how to reconstruct the mediation system.Besides preface and conclusion, this article includes four chapters.Chapter one, summarizes the mediation system in civil procedure, expatiates and analyses the development, actuality and existing problems of court mediation system.Chapter two, introduces the successful experience in Taiwan district and foreign countries, including mediation system before civil procedre in our country's Taiwan district, civil mediation system in Japan, court mediation and settlement system in America, and then makes compare between such systems and our country's mediation system.Chapter three, analyses different opinions which are advanced by scholars on how to reform our country's mediation system and the ideas that have been putted into practice by legal department. Chapter four, studies on reconstruction of mediation system in civil procedure. From the nowadays social background, analyses the necessity of reformation of mediation system in civil procedure, seeks for the route of reformation, and puts forward my opinion from facet of procedural design and practical operation.