Perfection Of The Court's Mediation System

Any system is a product of history,court's mediation system isn't exception.It is born out of the traditional mediation system in China, and combined with the practice of the new democratic revolution,It was the new democratic revolution Communist Party of China's judicial innovation, known as "oriental experience " in the world, opened a new chapter in the way of divergent solutions. Particular in the complicated dispute of transition period, single adjudgment for dispute can not meet the needs of people. Mediation has a more convenient, simple, low cost advantages, is an important part of the dispute resolution system in our society. Court't mediation system for decades from its inception the practice ,has experienced the process of negation of negation. Even if the mediation has been widely used, there is no debate about the conclusions of the mediation. This shows that the mediation system is an eternal topic for dispute system in China. It's undeniable that there is insufficient of mediation system. Mediation system problems emerged in the guiding philosophy, system structure and operation practice,with the deepening of our civil justice reform. This is not consistent with the mediation of the judicial functions, especially the political functions. Domestic scholars are concerned about this situation.On the basis of historical research, comparative studies, empirical analysis, the article reviews the development process and the problems of the mediation system with the new requirements of transition period. To find the road the improving of the mediation system from the different levels, including the updating of the conceptual,building model ,the specific design of the institutional. Construction and improvement of the system is a process of negation of negationIn the historical evolution, theoretical research and practical exploration. So, I can not afford to improve the work of the mediation system at one time. However, I believe that the reform direction of the mediation is not either-or the opposition of mediation and adjudication, but in the long-term coexistence of the two, checks and balances, the practice of mutual penetration.