The Introspection And Reconstruction Of China's Court Mediation

After the founding of China,the court mediation has been highly respected,and used be the focus of the work of the Court until early 90s of last century. From the beginning of the last century, the court mediation has experienced a huge landslide.The Legal theory on the abolition of the court mediation is growing, and practitioners, especially judges are more biased in favor of the use of justice system. However, after the beginning of this century, especially in 2004, the central idea of "harmonious society " concept, the mediation system has been sought after again, along with the deepening of the concept of harmonious society, the judiciary set off a wave of mediation. With the《People's Mediation Law》was promulgated and the depth around the administrative mediation, conciliation local governments and courts are also actively explore the linkage mechanism. In recent years, mediation has become the most important task of our courts of justice, mediation rate as performance evaluation and the judges of the Court an important indicator of performance evaluation. Against this background, there are some local courts and even to mediate competition between the rate as indicators of the court, some courts have even proposed a "zero verdict",the slogans and carried out between the court "zero Judgement"competition, and there a considerable number of the district court realized the whole "zero verdict, " this is really ridiculous.As the Deepening of the judicial reform, the conflict between the shortage of judicial resources and the ambitious goal of Judicial Reform has becoming the prominent,.And how the various objectives of judicial reform in the rational allocation of judicial resources between the various systems so that current judicial reform go hand in hand is worth considering. the input in mediation will only result into the justice system in the human, material and financial resources shortage. Moreover, is the more resource Investe into Court Mediation can make it better? The answer is no. According to the marginal cost of microeconomics, the resources for investment in anything, there will be a decreasing and then increasing the cost of the process, the process of diminishing marginal cost can also be referred to as "scale effect ", Mediation system for the Court is bound to put too much justice from the "scale effect"to"size does not effect " changes, which means that too many resources to the Court of Justice mediation will only result in waste of judicial resources, resulting in "court mediation " The duplication. The Another reason for highly sought of court mediation is the cost of court mediation is lower than the trial costs, which means that with the same amount of judicial resources, the mediation can resolve more disputes than the trial,.But this logic does not actually Reliable, the cost of mediation lower than the trial, which means the average cost of mediation is lower than the trial, when the cost of mediation to reach a certain number of inputs, the "marginal effects " will still appear, and cause of justice for the input of Mediation in the inefficient State. Therefore,The present system of judicial reform, the focus of mediation in the courts should not be blindly judicial input, but the mediation system should pay more attention to innovation, more consideration to the effect of mediation, litigation fee system should be used to allow litigants innovative voluntary, reasonable Choice of mediation,and we should make a reasonable litigant in the trial and mediation.