The Study Of The Issues Of The Court's Mediation System

The court mediation is a fundamental lawsuit system in our country's civil procedure law, which is a long-term experience's summary in our judicature system and accords with the Confucian cultural tradition "Harmony firsf".Mediation by court can both meets the needs for people to solve disputes and help construct the harmonious interpersonal relationship nowadays.This system was once honored as "East Experience" and was commended by the overseas scholars.However, along with the China's economy unceasing development and the establishment of the market economy in particular, Chinese society is transforming from the traditional "the acquaintance society" to "the stranger society". As a result of this, the intimate relation relying on blood and friendship tends to be estranged and the trend from the status to the contract society began to appear.The consciousness and the idea of the legal main bodies is also changing. People wish their legitimate interests can be realized, moreover, they hope that disputes can be solved rapidly and effectivly by using the mediation in order to accelerate the circulation of social resource.In this kind of situation, as a mechanism to resolve the disputes, how does the court mediation adapt to the social development? Starting from the statement of the outline of the court mediation, through the introduction of the court mediation's development from the ancient times to the modern society, the author analyzed the mediation system's valuable ideas and pointed out the present situation of this system and its existing problem. In addition, In view of our court mediation system's insufficiency, based on the comparative inspection of foreign system and the theory analysis, the author provided suggestions for optimizing China's court mediation system combining with the judicial exploration of the Dongying Intermediate Court on the pretrial mediation.