The Choice Of The Court Mediation Legal Dilemma And Outlet

With the development of economy, there are changes of social values, social structures and social relationships in Chinese society. The limited judicial resource can not afford to the cost of raising social disputes.As a dispute resolution, the mediation system has a long history in China, but it has a lot of drawbacks nowadays because the society has changed and the civil rights are more and more important to citizens. Meanwhile, the judicial mediation system can not satisfy the requirements of equality and fairness which the public needed. Parties also want to have an efficient way to solve their disputes. So it is necessary to reconstruct the judicial mediation system and it also represents the reform of China's civil trial structureThe paper can be divided into four parts.Part I is the overview, which introduces the evolution and development of court mediation system and makes analysis of the property, value orientation and functions of the court mediation. The author thinks that the formation of China's mediation system has its thick cultural background and social basis. Although it has the value orientation of snuffing and despising human rights and interests, it contributes to regulating human relations and promoting social stability to some extent. Through the above analysis and evaluation, we have a deeper understanding of the important roles of the court mediation, which provides the theoretical basis for further perfecting the court mediation system to some extent.Part II is the current situation and dilemma of the court mediation system of our country. Through the positivist analysis situation of the court mediation of our country, of the current operating, the author gives an evaluation of the roles played by the court mediation system in the settlement of disputes. The two major factors of impacting the performance of the functions of the court mediation system are analyzed, that is, the factor of social reform and the factor of the system itself. Through the above study, the author thinks that the current dilemma facing the court mediation system cannot be changed, depending on the reform of methods of judgment and its own efforts of the court alone. Only through study of the construction of systems and revision of procedural law, can the role of the court mediation be played further.Part III is the analysis of doctrines of the court mediation system. This part mainly makes comparison of some ideas presented by the theoretical and practical circles. Through the introduction of"doctrine of cancellation","doctrine of reform and strengthening"and"doctrine of separating mediation from examination", with some analysis and evaluation, with every idea enlightening us, which help the author to think over the suggestions of legislation.Part IV is the outlet of the court mediation system of our country. Through the above introduction, analysis and evaluation, the author has a deeper understanding of the court mediation system. After careful consideration, the author presents that doctrine of separating mediation from examination is the only outlet of the court mediation system of our country and presents some suggestion appropriate to the specific conditions of our country with respect to related system design.