Instance Analysis Of The Court Mediation System In China

Based on a real case between some villagers occurred in the east of Henan province, this paper analyzes the current court mediation system in China. This case actually is a person damage compensation dispute induced by adjacency relation rather than just a case of person damage compensation. Two families involved in this case are neighbors, and they originally have a very good relationship. Owing to an alley's outlet, a personal injury initiated and then one of the parties instituted personal damage proceedings against the other.This case's background is very complex, involving the "outlet" problem existed in general countryside. It is very typical that undertook judge has made every effort to mediate it successfully. Because the author participated in the second trial mediation process in person, here, the detailed description about this case's second trial mediation process will be illustrated.This case ends up with a mediation form, and both parties are quite satisfied. But many questions which were worth thinking deeply were revealed from the case's mediation process. This paper presents the entire process of mediating civil case's in intermediate court by describing both parties' status background, the source of induced case, the process of inquiring litigant, the crosscut saw's-like difficult mediation, and the final result that both sides reach the mediation agreement. This part is the center of the entire paper, and is also the starting point which the author elaborates. It has a profound reason that judge does not hesitate the price to settle this lawsuit.In the following part, by analyzing the reason that contemporary court emphasizes mediation and taking our country's historical and cultural traditions "peacefulness is prized", the thought, the economy, the culture, and appeal for help etc. as breakthroughs points, this paper analyzes the reason that court emphasizes on the mediation from the social pressure, court's own policy, undertook judge's own reason, the litigant positive initiative mediation and the case type these five aspects.The author believes that undertook judge played a very important role in mediating the case successfully, so we should explore the reason for high mediation rate from undertook judge himself. The author elaborates from the following aspects, such as, the relationship between judge's positive attitude towards mediation and its success or not, judge regards case's type to facilitate the mediation positively, as well as litigant in the individual case actively request the mediation and so on, in order to reflect judge's role in mediation process. It also points that litigant's main status in the mediation process should be respected when the court mediates a case.Through above case's mediation process and the reason for court pursues the high mediation rate, the author discovers some drawbacks existing in the present court mediation system. The author believes that the court's ignorance of legal procedure in the mediation sacrificed the just procedure; Some undertook judges, for certain reason, disregarded the limit time of mediation, resulting from increasing ultra—examined limits case; The court mediation often neglects the case's basic fact, without distinguishing clearly between right and wrong. The court mediation is suspected of using the meditative method in fraud of law "verifies the fact, distinguish right and wrong", which does not favor the construction of the society governed by law; In addition, as for the problem of judge's and litigant's main status in court mediation, the author thinks that the court should pay great attention to volunteering principle and maintain litigant's main status in mediation.As for the above mentioned aspects, the author will carry on the investigation in order to maintain the procedural justice, verifies the fact and distinguish clearly between right and wrong as well as fulfill the principle that the litigant mediates voluntarily in the mediation. By this way, the author wishes to contribute to the improvement of court mediation system in our country.