On The System Of Mediation In Civil Action

With the development of economy and society, especially since the beginning oftwenty-first Century, the broad masses of the people’s legal consciousness is more andmore strong, the number of China’s civil litigation cases, the corresponding is alsoshowing a trend of explosive growth, the limited judicial resources undoubtedlycaused great pressure, in this context, mediation system will come very naturally bythe attention of more and more.12years of our country revised122nd civil procedurelaw stipulates:"the prosecution to the court for civil disputes, mediation, conciliation,the parties to the mediation, except" the law of the core words "mediation", while themediation system also sums to. This paper will expound from four aspects ofmediation system, a total of more than twenty thousand words.The first part of this article is to interpret the mediation system, introduces therelevant legal provisions in2012the latest revision of the mediation system, andsummarize the effect of mediation system on the basis of the theory and thebackground, the mediation system to make is occurring in the prosecution to the casebefore the definition of the mediation, litigation mediation, and by comparing with thethe people’s mediation, administrative mediation, mediation, the quasi judicial natureof lawsuit before mediation.The second part of this article mainly analysis of China’s mediation systemproblems, the legislation is not sufficient and specific operating rules is not perfect,resulting in mediation system lacks explicit provisions about the applicable scope,organization, applied conditions. These problems affected the mediation system in theapplication of the courts, not to play its due role in judicial practice.The third part of this paper mainly introduces the current situation andspecification American, Japan and Chinese Taiwan area mediation system, throughthe analysis of the mediation system in these countries and regions, can understandthe mediation system in these countries and regions where the bright spots, for ourcountry mediation perfect system to provide reference. The fourth part of this paper mainly discusses the necessity and feasibility ofperfecting the mediation system in our country and perfect the relevant ideas ofmediation system in china. First of all, in order to improve judicial efficiency analysisof the mediation of the need to improve the system. Secondly, from our country putemphasis on historical terms that demonstrate the feasibility to improve and perfectthe system of conciliation. Finally, from the first mediation system applicableprinciples, applicable case type, scope and suitable organization and effectiveness andother aspects of perfecting our first assumption of mediation system.