Civil Mediation

Conciliation system in our country has a long history. But the conciliation system of civil litigation which corresponds to national judicatory system has just experienced several decades and has evolved from partially focus on conciliation to conciliating on the principle of voluntary and legality. Furthermore, studies on conciliation system of civil litigation in practice and theory circle have confronted with challenges. Since the end of 1980s', both practice and theory circle have proposed several questions on conciliatory system, and even suggested abolishing it during the reform of judicatory methods. Accordingly, the rates of appeal and compliment have increased greatly. As the rapid pace of modernization in China and development of socialistic market economy, a country under the rule of law has been established gradually and has stepped into the golden period of social development. At the same time, it is also a period which filled with conflicts. Because of the special functions endowed with civil mediation system, such as, settling disputes and maintaining social concordance, this system has obtained social concern. However, there are many problems in this system. For instance, lack of procedure endurance in the process of applying voluntary principle in judicatory practice, conflicts between disposition right of litigant and verifying facts or the principle of distinguish right from wrong, the general and abstract legality principle, and the imperfection of postmortem remedies, etc. Because of the negative affects resulting from these problems in civil mediation system, the consummation of this system is imperative under the situation. Through longitudinal method—surveying the history of conciliation system in China court, and the transverse method—surveying the institutions related to the two legal system, this thesis is to expound the author's points of view mainly from three aspects, namely, the status quo and abuses of this system, the necessities of reforming this system and how to consummate it.