| The civil mediation system of people's courts rooted in the local Chinese. It can promptly and thoroughly resolves civil disputes and improve the efficient of work, reduce litigation costs. So the West calls it as "oriental experience". It was included in "ADR" mechanism (that is, Alternative dispute resolution mechanism). The Study of the system in theory can handle the relationship between mediation and judgment correctly, and the establishment of the civil mediation system with Chinese characteristics has far-reaching significance. In practice, with the further development of the socialist market economy, the deepening of the reform of the system, there are also a lot of contradictions and disputes. Giving full play to the function of "convenience, efficiency" of People's Court civil mediation system. Fairly and effectively ended disputes can alleviate the people's court of the huge backlog of cases, and it has great practical significance to the establishment of "harmonious society". However, the current People's Court civil mediation system there are still many shortcomings, we have had to think China's current system of civil mediation cool-headed, it is necessary based on local culture, drawing on international "ADR" system, comes essence and to its dregs, to reform and improve China's current system of civil mediation. Many experts and scholars have different views and opinions on civil mediation system. Some scholars Claim "more sentence- less mediation" from the "rule of law" point. Some scholars advocate "more mediation -less sentence" from the "harmonious society" Perspective. As a legal practitioner, the author analyze the history and the status of the current People's Court civil mediation system fully, against the system in theexisting shortcomings in the judicial practice, combined practicalexperience, trying to reform and perfect this system, giving thecharacteristics of the era with new content so that it advances with thetimes.
|
PDF Full Text Request