The Court Mediation System

This thesis consists of three parts ?with the historical analysis and value analysis method, the author analyses the malpractice of corrent court conciliation system,and put forward some legislative proposals consisting of the separation of conciliation and trial, the establishment of pretrial conciliation system and meanwhile the improvement of the judicial compromise system ?In the first part of this thesis , the author firstly introduces the historical resources and development proceed of conciliation ?Briefly recalls the conciliation system's development from the spontaneous consiliation in primitive society to the conscientious concilition and feudal official conciliation in the feudal society , introduces the conciliation's evolving in near modern - times, especially introduces the court conciliation's course from the conciliation as the main method to the laying stress on conciliation and then to voluntary and legal conciliation after the establishment of new China ?Secondly, the author analyses the social sources which conciliation exists and develops in China, and points out what have the decisive effects on the conciliation's reformation development and last as that the self - contained and self- sufficient natural economy form,,the feudal judicial system that of laying stress on the criminal law and making light of the civil law , the anseparation of criminal and civil laws , severe punishment and extorting a confession by torture , and the social ideology that is main as Confucian thought to pursuit to the harmony ?Thirdly,the author analyses the legislative value of court conciliation system and points out the superior value of cinciliation to that of trial is to thoroughly selve conflicts and disputes ,to reduce trial cast ,to enhance trial benefit ,and improve stability and amity 0 Through the first part of this thesis ,the author tries to establish the theoretical basement to the retain the traditional experience of court conciliation .In the second part of this thesis ,the author firstly analyses the essence of current court conciliation system and the character of laying stress on conciliation and making light of judgment and anvoluntary conciliation , and points out a series of contradictions which arise from the unity of conciliation and trial :the contradition of judge's discretion and legality trial; the contradiction of judge's status as a mediator and as a judge;the contradiction of concession to cease active and the protection of right and the contradiction of laying stress on conciliationand making light of judgement and the weak supervision of conciliation. Secondly ,further discusses the anadaptation of conciliational judicial pattern and present economic development: that is unfit in the present economic and secial condition's change, unbenefit it to form the good order which the free maket - economic requires, unbenefit to protect the party's civil rights , and accord the reform direction of present civil judicial style reform . Thirdly , briefly introduces the trial cinciliation and trial compromise system Taiwan region,, introduces the use of conciliation for reference and development abroad, analyses the privata right autonomous character under the limited interference of wester judicial conciliation's judge and the judicial tendency which wester contries lay stress on the use of conciliation system in recent years. This part is the mam part of this thesis in order to seek the theoretical and practice basis to reform judicial style of the unity of conciliation and trial and to establishment the system of the separation of conciliation and separation and pretrial conciliation and improve judicial compromise system ?In the third part of this thesis , the author firstly introduces the several thoughts of reforming the court's conciliation system in academic cirde ,to regard the conciliation as a basic system other than .the basic principle籺o regulate the conciliation unden the frame of the unity of conciliation and trial , to ablish court's conciliation system and establ...