Court Mediation System

In order to reform and better our court mediation system and to solve the existing problems nowadays, the author, by making an analysis of the value of our court mediation system and a study of its development, with the reference to the mediation systems of some relevant countries or regions, finally put forth some proposals for mending and improving our court mediation system in terms of theory and practice. This dissertation is divided into four sections.The first chapter mainly summarizes the definition,features,nature,functions and the historical transformation of the court mediation institution in China. Through the analysis and evaluation,we have a deeper understanding of the important roles of the court mediation,which provides the theoretical basis for further perfecting the court mediation system to some extent.The second chapter is about the research on the court mediation and related systems aboard. Through the studies of mediation systems in foreign countries and Taiwan, this chapter analyses the similarities and differences among the court mediation system of our country and places mentioned above. This part, from the comparative perspective, mainly studies the practice of the court mediation system in different countries and regions in the world.Chapter three introduces the present situation of the court mediation system in China in terms of legislative and judicial practice, and makes a summary of the existing flaws of the court mediation system. This part studies the original flaws of our court mediation system from theoretical perspective, along with studies on trial practice, the author put forth some obvious problems in this field and negative effects because of many outside elements. Then this chapter studies the existing problems nowadays in our court mediation system, so that the author could provide some supports in theory and practice to better our court mediation system. The fourth chapter is about studying the reconstruction of our court mediation system, in order to make it suitable for the pace and the new requirements of the present situation.This section, firstly introduces the attitudes and ideas of the theoretical field, including the theory of replacement of reconciliation, improvement on the original system and so on; secondly, on the basis of the summary of the concerning theories, the author put forth some concret ideas on the reconstruction of our court mediation system.