The Study Of Court Mediation In New Phase

Court mediation, as the'oriental experience', has been in existence for over a half century. It seized much attention at the beginning of Chinese government, and played a leading role at the 1980s. Although as an object of judicial reform, it was left out in the cold at the end of 20th century, it experienced prosperity again in the 21st century because of the new judicial reform. This dissertation treats the court mediation as the research object, and will examine its systematic foundation in the historical evolution, check its situation in the reform of transforming period, then restructure and improve it through the changeable policy and the contradiction between theory and reality.The current court mediation is in a massive way. It is leaded by the Party and realized by the cooperation of many apartments, the main three forms of which are judicial mediation, administrative mediation and nongovernmental mediation. However, in its practice, the court is usually the leader or manager as long as the case is related to judicial work. Thus, the court mediation in this dissertation is not limited as the judicial mediation in legal process; however, it focuses on the court, including mediation in administrative procedure and local mediation practice before a case is placed.The first part of the dissertation will present the theoretical intension and extension of court mediation, and describe its initial shape and theory in the systematization in the 20th century.The second part will pay more attention to the cultural foundation in traditional culture and the political foundation thereafter.It is worth mentioning that there are three layers in the concept of "court mediation": the one in political expression, the one in judicial system, and the one in judicial practice. Based on the awareness of these three layers, the third part of the dissertation will emphasize the situation of court mediation in the late 1990s and the 21st century:the changeable political expression reflected the political special feature of court mediation; the systematic reform reflected its systematic feature; the positive and negative response to judicial practice reflected its systematic function. As for the development of court mediation, in the forth part, several thoughts will be raised based on the above analysis. On the one hand, analysis will be made on the current harmonious society target and policy of people's justice; on the other hand, some preliminary macroscopic ideas relating to court mediation system in the new age will be put forward.