Functional Analysis Of The Court Mediation

In sociology, the functions of things reflect the response to the needs of a variety of social systems, which determines that functional analysis should be based on the overall operation of the society, rather than limited to their respective system. To the object of this thesis, court mediation, its functions refer to the response to the demands of the legal system, social system, political system and the cultural system, etc. Mutual consent of parties, which is the core of mediation, centers on the discussion of court mediation system in this paper. This thesis discusses the theoretical basis of the court mediation, studies the construction of its functional system and the function transformation of court mediation in our country, and makes comparative functional analysis of the related system in different countries and regions, and then points out some reform ideas related to the positioning and achievement of the system functions.The first chapter gives a general overview of the function of court mediation. It firstly defines court mediation, and then makes a analysis of the agreement of mutual parties in court mediation by discussing the relationships with the mandatory character and justice and openness of the judicial system. Then this chapter analyzes functions of court mediation system, including its basic function of dispute resolution,the function of reduction of cost and promotion of legal system, and the social functions which mainly includes political functions and cultural functions.The second chapter discusses functions of court mediation in our country. Taking the history and current situation as background, this chapter then discusses the functional transformation in three period, and then analyses several factors which influence the functions of current court mediation.Functional analysis is reflected as comparative functional analysis in the field of comparative law. The third chapter introduces systems with similar appearance or functions in different countries and regions, and then makes comparisons between these systems and court mediation in our country.The fourth chapter points out some improvement ideas about the achievement of the functions of court mediation. This part holds that an effective agreement mechanism should be established, which mainly including the mechanism before the litigation and in the proceedings.