Study On The Combination Of Mediation And Trial Judicial Model

The Combination of mediation and trial , is China's People's Court civil trial current guidelines. Transfer sub-model from the proposed combination of justice has occurred in the implementation of its various problems had been a lot of criticism of the theoretical circle. But the combination of transfer negotiations with the trial its own rules, in our country has a profound cultural foundation, and adapt our socio-economic development, but also conform to the dispute settlement mechanism within the worldwide trend is to build a harmonious socialist society, the establishment of the rule of law one important means. This paper from the historical perspective and practical point of view, demonstrate the tone for the existence of sub-combination of rationality in our country, but stressed the implementation of sub-combination does exist in some of the problems, the author compared the methods used, related to the extra-territorial system was investigated sentence in order to adjust to China's perfect combination of justice to provide a reference, and put forward some solutions to those problems. In which the body is divided into five parts.Part I: Historical Perspective : combined with judicial transfer sub-model History. Combination of transfer negotiations in China is an ancient, profound cultural foundation. Combination of transfer negotiations and the "cultural harmony" of traditional philosophy and the "rites one" has a long history of legal thought. From the distant ancient times, after a long feudal society, to the anti-Japanese base areas during the five trials tin horse, then a new socialist China, the transfer sub-combination in the history of our country's legal system is playing an important role in this. Tin Ma praised the five trial methods has become a valuable wealth of experience in the history of justice, until now still play a role in judicial practice, shows strong vitality. Part II: practical point of view : combined with China's judicial model emphasized the status of negotiations and the existence of rational analysis. At present, the "sub-transfer combination of mediation first" policy is China's leading judicial justice policy, and in the judicial practice of mediation is the high rate of pursuit. Practice shows that the rate of increase while in the mediation, appeals and petitions to reduce, which is adjusted to adapt to sub-combination of an important proof of China's national conditions. Because of transfer negotiations with adaptation conditions of our country, and our judicial environment fit, in the practice of dispute resolution also played a positive role.Part III: adjustment sub-combination of the theory of justice to the challenges and realities facing difficulties. Transfer sub-combination in judicial practice, and fortunately encountered no continuity in theoretical circles as early as the late 80s in the 20th century, theorists on the right "tone sentence combining" fierce criticism, some scholars believe that the structural characteristics of mediation and trial and the principle of the legitimacy of differences between the two were born in the same procedure is difficult among the academics also proposed the "transfer trial separation" point of view, against the combination of transfer negotiations. In addition to criticism for theorists, because the level of structural imperfections and limitations of the courts of justice, transfer sub-combination in the process of implementation has encountered many difficulties.Part IV: Comparison of relevant institutions abroad Enlightenment. Mediation system is not the monopoly of China, many Western countries also have similar systems. Germany, the trial judge may initiate mediation at any time under circumstances of the case, the German Code of Civil Procedure also specifies the obligations of the judge's conditions. United States Court Annexed Mediation is a very unique system of judicial mediation, which both justice and ADR the nature of the settlement the United States "litigation explosion" problems make a significant contribution. In addition to Germany and the United States, ADR, especially the rise of the importance of mediation, has become a worldwide trend in the judicial field.Part V: related problem solving and transfer sub-model combined with justice in our country's development prospects. In this section, the author combines our country run in the sub-transfer the problems from both internal and external aspects of Jinxing general summary, and related systems integration in oversea revelation, on the related issues of dispute proposed a three-side ideas. In the background of building a harmonious society, we have reason to believe that the tone of negotiations in China will be a combination of good prospects to become a well-functioning, healthy, and effective judicial model.