On The Civil Mediation Document

Civil mediation document, as the final carrier reached by mediation or conciliation to resolve the dispute, it is not only the representation of the parties'autonomy, but also the executive basis approved by the court. This means that the civil mediation document is different from the civil verdict document. When the civil mediation document is possessed of legal enforceable, it's also possessed of definite contractual nature.Under the presiding of the court, parties resolve disputes through more peaceful means. The result will not only have the direct access to the protection of legal enforceable, but also be more time saving time than the trial of first instance that may cause the appeal, so can be quickly to make things to end. And no matter what judgment is, the result would seem to entirely affect the harmonious relations between the parties in some cases that related to family relationships. Sometimes the judgment can not be good to determine the allocation of rights and obligations for the parties in some specific civil cases. In contrast, civil mediation document provides another possible way for dispute resolving.Our judicial system is being in constantly reforming process. Reform of the civil mediation system has also been concerned by many people. As an important part of the reform, the research of civil mediation document should also be valued by legal theory and legal practice.This paper is start from the concept of civil mediation document, and analyzes the characteristics of civil mediation document by comparing our country and abroad, and Taiwan of China on the relevant provision of the civil mediation document then proposes some suggestion to be aimed at several problems in the civil mediation document in our country.In addition to preface and epilogue, it is made up of four parts, totaling more than 30000 words.The first part is the basic content of civil mediation document. This section firstly define the concept of civil mediation document, and define the relations and differences between related terms, then analyze the nature of civil mediation document through its own characteristics. The second part is a comparative study of civil mediation document. In this section, the paper studies the current relevant provision of the civil mediation in common law countries, civil law countries and regions of Taiwan in detail, in order to be able to provide practical experience for our research of civil mediation document.The third part studies the contractual nature and legal effect of our civil mediation document carefully. This section reflects the contractual nature of civil mediation document and the differences in legal effect between the civil verdict document and the civil mediation document by comparing the verdict and analyzing the case in judicial practice, and analyzes the status of these two aspects in legislation and judicial practice, and point out some problems in the content of civil mediation document combining these two features.The fourth part analyzes the problems and improvement of civil mediation document specific. This section is analyzed and studied separately from these aspects:definitude and taking effect if contractual nature and legal effect of civil mediation document, the status and improvement if rights of rescission, the provisions about exceeding claims in our existing mediation system, the agreement on executable terms in the content of civil mediation document and its improvement and the thinking if some imperfect places in judicial interpretation.