Mediation System

As an important action system, mediation is based on our country's juridical practice. It has a unique value for solving the civil and commercial disputes. But because the modernization course of China's legal system quickens and the main body's consciousness of the party wakens, the disputes between the function of current mediation system and the demand for the society are increasingly sharp. As the mediation system has an important role in our country's civil action system, our country still need set mediation as the reform goal in the action system. In the paper the writer tell us how to establish a system that is suitable for the China's actual conditions, can be operated scientifically and operated strongly to adapt the modern juridical practice for the disputes.In the first part the writer introduces the history of our country's mediation system and summarizes the transition of the system.In the second part the writer mainly introduces the principal of the mediation system. To show the importance of the system the writer addresses herself to five ecological basis and four pieces of value.In the third part the writer gives the real example analysis for the extant problems of the system's inner principal and the operation structure and combs widely and clearly the different progress demand for the mediation and trial.In the fourth part the writer chooses the modal of the mediation in the action that is suitable for china's actual condition discretionarily and reasonably by the investigation in America and Japan.In the fifth part the writer states the design of the basic point and the possibility of the mediation in the front of the front yard .She also pointes to set the modal of quasi mediation and judgment separated .She visualizes the institution of the organization for the mediation in front of the front yard, the entry-into-force time, the entry-into-force condition and the new type charge way for the end of the case by the mediation. Mediation is an important part of our civil trial system. If it is scientific or not and how it's operating makes a direct influence on the civil trial situation. To bring into play and perfect the action mediation and complement the mediation for the judgment well is our common expectation.