On The Reform Of Court Mediation System And Perfect

Juridical intermediation is a important composing of court's justice, and its essential is a kind of litigation activity or method of ending a case that the court adopts intermediation means to urge both parties to pacification according to strict procedure of litigation and principle of free will and legality. Juridical intermediation has lots of characteristics such as convenience, expeditiousness, agility and low litigant cost, which provides a whole new foreground of settling dissension for both parties of litigation. However, intermediation system has many shortages and objections in present litigant mode.To perfect the present intermediation system, the writer brings forward some assumption and proposal through analyzing the rationality and problem of present intermediation system of China. present intermediation system of court should be done some feforrmation as following:establishing the system of intermediation separating from trial, standardizing the startup of intercessory procedure, firming the applicable scope of intermediation system, carrying out the principle of free-will pressingly, reforming the method of intercessory agreement's inurement and implementation, strengthening the examination for validity of intercessory agreement, making validity as the base of litigant intermediation, making regulations of court's intercessory redress in particular, consummating the judgement supervision for intermediation and adding compelling condemnatory articles for man in insincere. Besides above, the writer advances some feasible suggests about how to perfect the intermediation system in practice, for example, not emphasizing the principle of absolutely clear facts excessively during the course of intermediation, abrogating the regretful right of party, regarding the force of intercessory writ as that of judgment, promoting the quality and level of intercessory writ's facture, enhancing judge's professional ability of intermediation, and reducing litigant cost about intercessory cases.According to the reform assumption and suggestion stated above, the writer hopes intermediation system can be more perfectible in judgment practice of court.