On The Perfection Of Civil Mediation System In China

The mediation, which is used as a kind of dispute solution, is a tradition in our country. In the law of civil procedures, mediation is written in as a basic principle. More importantly the intermediation in the trial system has been even seen as a kind of method to exercise the judicature. It takes an important position in the civil case system and been called "Eastern experience" abroad. For a long time, the majority of civil and business case in our country is solved by the means of mediation. It not only can make a quick way to solve the dispute, but also benefits to the stability of our society, therefore it is very important in practical way. This makes the mediation system to be the most characteristic one in our civil case trail. However, along with the diversification of the society value, the dispersion of the society construction and the concretization of the society relationship, not only because the finite judicial resources can't bear the increasingly dilating issues, but also because of the awakening of the party concerned corpus consciousness, the mediation system in operation already can't approach the requirements of the society for dispute solving with fair and efficiency, and this inevitably request adjusting and reconstructing the mediation system of our court. From here caused the dispassionate considerations of the numerous scholars. They bring upped the standpoint of different views, surrounding the"retain","discard" and" reformulate". And the judicial actual situation field even proceeds with reforms of the system. But the mediation system has not resolved well on the construction of theories and the practice to operate .Therefore, the writer investigates the present condition of the mediation system, analyses the existential problems, investigates the history origin and development, compares the related system of other nations and the regions and puts forward some advice of perfecting the mediation system,with the aim of benefiting the reforms of mediation system in operation of our court...