The Defects And Perfection Of The Court Mediation System

The judicial mediation system is an important system in civil procedure and plays a crucial role in civil jurisdiction of our country. However, with the development of market economy and the improvement of law, it is also faced with challenges of different thoughts and new social environment. The reform of the judicial mediation system has become a hot topic of the reform in civil jurisdiction procedure in recent years. Nevertheless, it still remains an issue in our legal academic communities on the reform and consummation of the system.Having studied the historical evolution of the judicial mediation system of our country, while compared with the system abroad, we find it easy to explore the malpractice of the current system in the legislation and judicature process in our country. As for the reform, we should use excellent thoughts for reference and make up for the deficiencies by sound schemes. The judicial mediation system should be improved on the basis of mutual assents of the parties and of absorbing the advanced methods of other countries, with an aim of establishing an institution that can settle the disputes by mutual assents and that is democratic, just and efficient.The reform and improvement of the judicial mediation system should be in line with the current demands of the society. Centered by the just procedure and efficient lawsuit, it is supposed to establish a kind of mediation mode in which party-domination, party-presentation and party-prosecution are the key. We should clearly define the authority of the judge and the rights of the parties, encouraging the involvement of the parties, so that the specific value of the procedure can be well demonstrated. Therefore, the writer provides some advice on the scheme and improvement of the mediation mode centered by party-domination, party-presentation and party-prosecution.