Study On The Mediation After Register

Mediation,is more a practical issue in dynamic development rather a pure theoretical one from the beginning,as an adjustment traditional way or mechanism of in disputes settlement in Chinese society which has been put into practice for thousands of years.Perhaps because of this,mediation has strong vitality now,undergoing social change as a stale social mechanism.The court is reviving after double negation,which underwent rise and fall in the reform of the way of trial and institution of the justice as an important part of the system of disputes settlement in our country.And this tortuous process of development is a process of self-provement of court mediation in practice largely,because every transition during the process of the development of court mediation is the exploratin from practising firstly,and later the achivements are certified by legislation,becoming the institution of universality."Mediation after register" has had abundant basis of practice as a improvement and innovation of court mediation by judicial practical,but it causes some confusion in understanding and using by the practical to some degree.This is also the important reason for the different evaluation about "mediation after register" by the researchers.Basing on the elaborately explaining "mediation after register",the article confirms fully the creative improvement by the practical in Justice by analyzing the background of the original of the institution,and then proves the feasibility of "mediation after register" in theory and practice, finally puts forward concrete designed way of the institution in micro-level according to modern thought of disputes settlement,hoping the value of "mediation after register" embody fully in the practical in Justice.In structure,besides forward and epilogue the text contains more than 30,000 words,four parts included:Partâ… The definition of "mediation after register".This part consists of two sections,the definition and the overview of contrast of related institution.Focusing on the definition of "mediation after register",the first section enumerates two different understanding of the new assemble of register and mediation in practical in Justice at present in our country,and then analyzing the reason for the difference,pointing out different understanding of what "the period of register" results in different understanding of the definition of "mediation in the period of register" and arrangement of design in institution in practical fundamentally in the unique institution of suing and accepting and hearing of the civil and commercial cases.In the wake,on the basis of carding the system of mediation as a whole at present in our country this part explains the definition of the object and puts forward "mediation after register" taking place of "the period of register",the former is clearer than the latter.Then,the article dates from the clearer and clearer process of the definition and meaning of "mediation after register" pointing out the use of the concept not only avoids the logic contradiction but also accords with the consensus gradually formed in practice.Finally this part sums up the characteristics of the institution of mediation after register tentatively.The other section of this part highlights the characteristics of mediation after register by the contrast of the institution of mediation after register and other mediation institution in our country basing on the first section.Partâ…¡The analysis of the background of creation of the institution of mediation after register.This part analyzes the background of creation of the institution of mediation after register on macro and micro levels.On macro level,the article points out that the main background of its creation is the disorder of holistic run of the present mechanism of civil disputes settlement.To be concrete,the absence of mechanism of civil disputes settlement out of suing is hard to change(the development of civil mediation hitting the bottleneck,the use of related mediation of the court having the setback,the awkward position of the big mechanism of mediation),and it is not very harmonious of the operation of the civil disputes settlement mechanism in suing(the dissimilation of the easy process of the civil disputes suing,the absence of the monitor process,the poor operation of the mechanism of mediation of the court).Basing on the holistic reflection of the system of the civil disputes settlement in our country,the article brings the analysis of background of the creation of the institution of mediation after register into the historical environment of the revival of the mediation of the court on micro level.This part briefly reviews the developmental process of the mediation of the court at first,and makes a evaluation of the reform of the model of mediation of the court further pointing out the reform of mediation in the court in our country emphasizes the period before trial so that the efficiency of disputes settlement runs through the entire dynamic process after suing,and at the same time both institutional regulation and innovation count in the mode of combination of investigation and trial at present.The institution of mediation after register results from facing the challenge of the revival wave of disputes settlement of the court creatively on basis of above thoughts by the practical.Partâ…¢The feasibility analysis of the institution of mediation after register.This part analyzes from theoretical basis,operational base and quotation of experiences.In theory,the theory of typed process proves the institution of mediation after register powerfully. According to it,it is not satisfying to type disputes horizontally in essence for people expecting the justice and efficiency of disputes settlement,and we have to monitor the developmental characteristics vertically of single dispute at great length to provide targeted settlement process in different developmental,reform having been launched formed the mechanism of relative dissimilation of the power of flow control and the power of noumenal trial preliminarily,and the clear-cut and thining of the function of the court of register is beneficial to the combine of mediation and suing after register.At last,it searches for the experiences quotation for mediation after register by introduction of related institution of the USA,Germany,Japan and Taiwan area.Partâ…£The institutional design of mediation after register.This part is the essence of the article,and it is also the response to the former three parts in the guide of thoughts of modern disputes settlement,which tries to ensure the purification of meaning of the party,to embody the value of freedom of modern mediation and realize the essence of mediation basing on the institutional design of mediation after register.To be concrete,this part makes an overall design of mediation after register with emphasis from the principles of institutional operation, applicable range,stuctural establishment and staff arrangement,local,ways and operational process.It intensifies the priciples of free will and limited process and information privacy, and it limits applicable range of cases and trial level of mediation after register,and it argues to set up professional establishments of mediation after register in register court,and it constructs relaxed and harmonious enviroment for mediation and stipulates the ways of the start and finish of process and applicable time and frequency.