On The Court Mediation System Reform And Improvement

For a long time, mediation in civil and commercial trials played an extremely important role and has become an indispensable part of social disputes settlement mechanism. With the acceleration of China's social transformation and entrance the period of frequent occurrence of conflicts, social disputes substantially increase, the people's courts have more pressure in regulating social relations and safeguarding social stability, we must make full use of the ways of settling various disputes, mediation in civil and commercial trials has become more important. The existing court mediation system is the social product of planned economy before the reform and opening. In the face of new socio-economic environment and the needs of the community in many aspects it does not meet the new circumstance, which is seriously affected the role of mediation. Strengthening and improving mediation work, and making full use of mediating have become an urgent task of current People's Court. Promoting reform of the system of mediation, and exploring the establishments of new mediation mechanism in line with China's national conditions and in line with the laws of the modern trials have also become the hot issue of the current court reform.In this paper, the first part focuses on the course of China's development and evolution, current status of mediation system and the main legal provisions and the existing problems. Mediation system is not systematic or perfect yet which absents the specific rules about it. The main problem of mediation is the increasingly shrinking which can be concluded from the declining rate of mediation for the first instance for cases made by courts all over the country. The existence of the above drawbacks seriously weakened the role of the courts' mediation system, which is also the direct reason for reforming the system of courts' mediation.The second part mainly analysis and demonstrate the necessary of reform of present mediation system. The authors believed that, as one of Chinese most character legal systems and as a mechanism which solves dispute, mediation system's functions in melting society contradiction, promotion law consummation, and defending aspect and so on benefit balance, enhancing the judicial efficiency and so on and so forth may not substitute. The basic reason of present court mediation system reform is the social condition's change. The mediation idea, the system and the operational mechanism which continues from the traditional planned economy society has serious inelasticity, together with the incisive conflict between system function and social demand, had decided the court mediation system must comply with the time changes. Looked from the various countries civil judicial reform situation that, the case increases and the case burden unceasingly is overweight may be a common question to nearly all country under the rule of law faces. But also is these questions, urges the various countries' to carry on including mediation civil action system reforms the innovation unceasingly. The mediation solution dispute mechanism's positive role has got more and more recognition, it will make the court positively promotes to reconcile as a profitable target of civil judicial reform, and devotes to devise solutions to solve the disputes outside the adjustments. Therefore, the author approves more to the viewpoint of reforming and meliorating the current mediation system.This third part of this paper mainly proposes the assumptions to reform and meliorate the current mediation system from the selection of models, the application phases, the scope of mediation and other aspects in civil actions. The courts' mediation and other reforms should be combined with other judicial reforms. Through adjusting the relationship with trials, establishing the interaction and cooperation of mediations between litigation and outer- litigation, the diversified structure of mediation system's mechanism is settled, ultimately formed a self-regulating, highly efficient, opening mediation mechanism in solving disputes.