Chinese Court Mediation System Improvement And Development

China mediation culture has long standing history and been well established. Court mediation, as an important component of China mediation system, goes through trials and hardship following Chinese modernization drive of society. Among bold and unconstrained reform and opening-up spring tide that rise and fall, it is clear for China to step into market economy era showing personal value and stressing private right protection, with accession to WTO, a lot of systems have been realized the integration with the world. In the face of the social situation with rapid change, the Chinese court which is praised as " family heirloom " mediates the system and manifests a great deal of drawbacks. As to this, the academia has paid and paid close attention to, and has put forward a lot of countermeasures. Mediation system reform has become one of hot questions of China' judicial reform. In the new period and new stage, what course should the court of China mediation system follow? This text tries to do some studies on this question. The full text will be divided into four parts, about 43,000 words altogether.First of ail, summarizing the mediation system of court in China and its origin. Briefly introducing China' present kinds of main mediation system, has pointed out their difference and got in depth, sketching the current main content and characteristics of mediation system of Chinese court, recommending the historical evolution of the system Chinese court mediation, analyzing the social base and culture background that the system exists, pointing out that court mediation is traditional continuity and development of mediating culture of China.Secondly, comparing the mediation system of the court of China with overseas relevant system. Enumerating U.S.A., Germany, Japan, Taiwan China' main contents of system of conciliation, mediation and lawsuit, summarizing three kinds of modes of the court mediation system of our times, analyzing the horizontal method to compare the common characteristics of Chinese court mediation and difference with the overseas relevant system.Thirdly, analyzing the existing problem of the mediation system of China' court. Expounding the structural and technical drawback of the mediation system, pointing out that the current court mediation practice deviates from the legislative purpose, mediation subject lack getting proper support, mediation course lack procedure support, mediation result lack determinacy, lack thesupervision mechanism of mediating, easily bringing out forceful mediating, delaying overcoming of the issues, abusing mediation such as lawsuit, etc.Finally, putting forward the countermeasure of perfecting and developing mediation system of China. Having listed several kinds of views about the reform of China' mediation of court fact in the academia, analyzing the comparative advantage of the system, from the beginning of complying with the world trends and satisfying the contemporary China's social demand, expounding the meaning of mediation system working in court, briefing the game of mediation system of China Court, pointing out Chinese court should establish party mediation system of doctrine, carry out voluntary, legal principle of mediation, fully ensure the party's punishment right, make great efforts to advance the procedure and institutionalism of mediation , perfect supervision mechanism of mediation ,etc.