On The Construction Of China's' Mediation System

With the rapid development of the national economy, all kinds of civil activities and business affairs are developing at an unprecedented rate. As a result, more and more disputes occur and pour into the court, which has been a heavy burden to the court. New mechanisms to solve the disputes are being sought in theory and in practice in order to handle the social contradictions. The mediative system called"oriental experience"has aroused general concern again. Different modes of mediating practice are carried out by courts in different areas. The mediation before the case should be put on file for investigation and prosecution is typical and is generally initiated. This kind of mediation is legitimate and reasonable and can meet the social demand. But because of no unified system for this mediation, courts in different areas carry out different doings. Social contradictions are mediated subjectively. Someone use this kind of mediation to solve the disputes instead of placing the case on file for investigation and prosecution. Sometimes the legal right of accusation is damaged. Nowadays the court of our country is still full of administration color. The relationship between the court, the local government and the Party Committee is intricate. The personnel, the finance and the matters of the courts depend on the relative local government and Party Committee. Furthermore the management within the court is also full of administration color. Part of the performance of a judge is evaluated on the basis of the ratio of successful mediation and sentence changed in appeal. Under such a condition, some leaders of the courts are wild about the ratio of successful mediation. When the case concerns a colony, or stability of the society or interests of the local government, it will be very difficult for the court to make a judgement. As a result, the court is more willing to solve it by mediation. Sometimes the court even uses the mediation to drag on the case, or uses the sentence to push down the mediation, which may severely damage the legal rights and interests of the parties. Practice shows that to constitute a set of system for the mediation before the case should be put on file for investigation and prosecution is a important problem demanding prompt solution. The purpose of this thesis is to analyze and study the existing social demands and problems occurring in mediation from the legislative point of view and tries to make some research on the constitution of the procedures for the mediation before the case should be put on file for investigation and prosecution which conforms with the conditions of our country.