Court Civil Mediation System In China To Improve In The Context Of Harmonious Society

General Secretary Hu Jintao said:"The socialist harmony we would like to build should be a society democratic and legal, equal and justice, honest and friendly, full of vitality, firm and orderly, people and nature live in a harmony way. " So stabilization and order are the fundamental symbol and the necessary condition of the formation of a harmonious society; however, the law is an important way to maintain social order. The function and mission of law is maintaining social order through the effective solution and prevention of disputes. Also the constitutional factors of a harmony are diverse, and vary among each other, they are different and diverse, and so the dispute resolution mechanism should also be diverse. And the Court Civil Mediation System as a consensus-based dispute resolution and a traditional legal system in our country, is better than litigation and other decision-based dispute resolutions in achieving social harmony. So in a harmonious social context we should insist on improving the Court Civil Mediation System; furthermore, the social order a harmonious society hoping to build is that all the social members are relative firm and orderly in the structure, coordinate and balance each other in the operation. Therefore, in the context of a harmonious society, dispute resolution process should be coordinated with each other through various parts, and then makes the various contradictions what happened to people-centered completely resolved, finally makes the various relationships what happened for people around in a harmony stat. However, the current system of court mediation in our country shows some "cacophony" notes in the settlement of civil disputes, the most prominent performance is a large number of difficulties in implementing the effected mediation agreement, thus not only makes it difficult to achieve the ultimate goal of establishing the system, even also hinder the building of a harmonious socialist society. Therefore, this paper will be in a harmonious social context, to completely resolve the dispute as the starting point and end point, around the Court Civil Mediation System, to explore how to build a set of operations through the coordination of the various parts to truly realize the "Case Closed happened " dispute settlement mechanism.In this paper, our primary court civil mediation system as the main concern, through empirical analysis and multi-angle analysis, thinks of these issues. This article is divided into four parts:The first part focuses on the development of China's traditional system of mediation process, from the existence of the traditional mediation system to the cultural, social base, indicates mediation system to today is still play an important role in building a harmonious society to maintain social stability and protect the social order, because the core concept of mediation system-Harmony meets the common pursuit of human society, improving the Court Civil Mediation System has positive meaning in the environment of building a harmonious society, and it must also be established to further improve base on the absorption of traditional Critical legal culture. Then, through court mediation trends change, it is proved the court mediation system has experienced the process of negation of negation, the system itself has reached a new level, while the court mediation system should also be undertaken at this level. Among them, the most significant representation, that is, the number of mediation cases and clearance rate of change, will be cited to illustrate the data at that time.The second part is to introduce our current general situation of the Court Civil Mediation System, first of all based on our current "Civil Law" and the Supreme People's Court issued the "People's Court on Several Issues Civil Mediation Provisions" (hereinafter referred to as "Conciliation Requirement"), describes the civil litigation system on the principles, the scope, the start and other aspects of the mediation; and then based on the combination with "Civil Law" in combination with "Civil Law" makes "Court Mediation" for analysis and research, and thus on base of more comprehensive understanding to the current court mediation system continues the discussion on the basis of the existing problems in the court mediation system.The third part of the first, summarizes and analyzes the main problem of the current People's Court Mediation, and then makes further analysis to be truly "Case Closed Things" from the settlement difficulty of effected mediation agreement, to mediation to resolve disputes, the role of maintaining social harmony truly implement what needs to address other related issues.Part IV first describes the context of a harmonious society construction of court mediation system which values should be consistent with the pursuit, and then these values-oriented, put forward from two major Civil Mediation System Improvement of the recommendations of action: one for the court Mediation own system level problems put forward a sound proposal, and the other is for the mediation agreement "difficulty in enforcement" problems, proposed amenities and supporting systems suggest that such mediation through the courts closed the case can be truly fulfilled, the court mediation. There is also the value of the system can be truly realized.