A Comparative Study Of The Court Mediation And Institutional Construction

Intermediation of court lays an important role in our civil trial procedure. Intermediation of court not only exerts active function of resolving disputes, but improves the social stability and harmony as well. Thank to its perfect characters, intermediation of court is referred to "the experience of oriental trial" by foreign scholars. With the great changes in society, the concept of due process had been introduced and established. People began to question the reasonability of our traditional mode of intermediation of court combined with trial. People were also discontent with the mode's various defects in practice. The new requirements to intermediation of court were brought out. To establish the intermediation of court system with Chinese character, on the one hand we should take the mature experience of overseas countries with developed law system, and on the other hand we should pay attention to the Chinese traditional culture of law and the unceasingly real transition of social structure and social contradiction. By taking the realism as the starting point the idealism as the instruction, we establish the intermediation of court system with sophistication and feasibility, foresightedness and pragmatic. To reconstruct court mediation system conforming to the request of modernization, we must transform the original thoughts, penetrate phenomenal facts of cases, hold the essence, and focus on resolving the dispute but not simply settling a lawsuit. Thus our vision is no longer merely limited in the lawsuit stage between accepting a case and making a judgment, but is extended to the entire process from the dispute arousing and finally resolved. In this essay, I inspect the history of court mediation system, compare with the overseas intermediation of court and the conciliatory system, combine the achievement of mediating in accepting a complaint in our own court, argue and analyze the intermediation before trial, finally propose the specific designation of "intermediation before trial in court" .