Court Mediation System For Social Reasons

The article comprises three chapters:Chapter 1. The Explanation of the Court′s Mediation SystemThe chapter firstly analyzes the definition of mediation, and defines the concepts of the court′s mediation, then it analyzes the characteristics and the realistic situation of the the system of the court′s mediation system. Through the comparison of the application of the system of mediation to the reality, it briefly analyzes the harmonious function of the mediation system, which is to lay a basis for the analysis of the strong requirement of the mediation system on the building of the harmonious society further expounded in the latter two chapters. and lastly, it clearly describes the situation of the mediation system in our country throughout the history. Through the research of the historical materials, and the introduction to the development, the changes and the different characteristics of the court′s mediation in various historical periods of development, Analyzes the formation of the medication system in the aspects of political structure and the economic structure in ancient society and concrete implementation of them in modern times.Chapter 2. The Macro-analysis of the Court′s Mediation SystemThis chapter studies the systems of the people′s mediation and the court′s mediation under the background of the society and tries to find out the macro-reasons of the existence of the mediation system. Firstly, researching from the orientation of culture value, the article finds out the joint point of the perfect national culture and the essential intension of mediation. Secondly, studying from the social structure of dichotomy of the city and the country in modern china, it analyzes the adaptability of the system of mediation in our country by using the detailed data. Thirdly, starting from the respect of the national management and social governance, it analyzes the political functions of the mediation system, the chinese characteristics and the people as well as the the strong requirement to introduce the mediation system of our country. And lastly, the chapter prove, from the aspect of the features of socialist market economy and the need of mediation laws, the close interaction between the mediation system and the conditions of market economy.Chapter 3.The Micro-analysis of Court′s Mediation SystemThe chapter studies the social reasons of mediation from the angle of micro-social basis. Firstly, through the study of the legal psychology of the people in the city and the country ,the article analyzes the reason of the people′s adaptation and acception of the mediation system and draws the conclusion that the system of mediation meets the people′s peace psychology and legal desire. Then, in terms of the advantages of high efficient, economical, peaceful and confidential functions of mediation in dealing with disputes, the chapter demonstrate the reasons why the disputing parties'preference and choice of mediation with examples. Moreover, the chapter analyzes that the benefit value and subjective targets which mediation brings to judges. Through the verification in reality, it analyzes the serious problems of the legislation in solving the doctor-patient disputes and analyzes the necessity of applying the the way of mediation by judge to settling the disputes in special professions.