The Court Mediation System In China

The innovation on China Judicial Conciliation System is one of the hottest topics on civil justice system within both academic and practical law field. The Judicial Conciliation is defined as below: the two parties of civil justice negotiate about the disputed civil benefits voluntarily and equally with the presiding and coordinating by the Court judge so as to find out a solution. However, as the current social and economic situation has been deeply changed, misuse of the Judicial Conciliation right happens, forming a specific"Conciliation -oriented Justice", which causes negative influence. It's appealed in society to abolish the Judicial Conciliation System. This Paper recommends restructure China Judicial Conciliation System.There are 3 parts in this Paper. Part 1 is the brief introduction to Judicial Conciliation System. Firstly it describes the definition of Judicial Conciliation and clarifies the characteristic and the meaning of Judicial Conciliation. Secondly it introduces the developing history of Judicial Conciliation System during ancient and latter-day period, which explains the profound culture background and specific historical conditions that enable Judicial Conciliation becomes one Civil Lawsuit System.Part 2 introduces the main contents of China Judicial Conciliation System at first, and secondly combines its current situation, i.e., although the proportion of Conciliation is decreasing while it still remains most compared to Justice. The analysis on lawsuit value of Conciliation affirms the Judicial Conciliation still has lawsuit value: Conciliation can resolve disputes simply, fast and flexibly, which fetches up with the functional lack of Justice; the internal law spirit of Conciliation is in line with the innovation direction of China Justice. At last, it analyzes the main problems existing in Judicial Conciliation System, including: 1, the current model of Judicial Conciliation does not fully compliant with Principle of Lawsuit Efficiency; 2, Judicial Conciliation shall not be the basic principle of Civil Lawsuit; 3, The principle of Judicial Conciliation is not scientific enough; 4, Mandatory Conciliation ignores the principle of"Voluntary". Through this analysis, we can understand the model of"Combination of Conciliation and Justice"has brought lots of abuses and it roots mainly from the undistinguished rolls and operations for Conciliation and Justice.Part 3 introduces the point of view on innovation of Judicial Conciliation System within academic and law field. Through the analyzing the internal conflicts of the Conciliation and Justice Combination System under China existing laws and summarizing the rationales of failures on innovation of Splitting the Conciliation from Justice, the Paper points out the solution of the innovation of China Judicial Conciliation System is Conciliation before Justice. Finally, with reference to the experiences from the western countries like UK, US and Japan, combining China's practice, the Paper recommends some recommendations to the innovation of China Judicial Conciliation System: 1, Clarify the role of Judge during the Conciliation;2, enhance the Conciliation before procedure of Justice; 3. accelerate reconciliation; 4, set up diversified solutions for Civil disputes ; 5, set a timeline for the Judicial Conciliation .I believe that China Judicial Conciliation System will re-bloom after innovation and perfection and will provide lawful care to the public people.