False Mediation Of Civil Litigation

With the goal of building a harmonious society in China on the proposal, the "oriental experience," said the civil mediation system, as fully reflects the party autonomy is conducive to be divergent only dispute, the case statement to achieve things, to promote the legal effect and social effects of reunification, in the trial practice more and more attention, commonly used by the majority of the court. At the same time theorists, practitioners of the drawbacks of mediation is also wary, even if the actual practice of mediation than perfect there are also "right discount card" at risk, even more serious is the use of mediation proceedings in the party system the phenomenon of false lawsuits have occurred, particularly in the economically developed eastern coastal areas, multiple trends of such a phenomenon. Therefore, the "mediation hot" in the context of how the parties to prevent and regulate false mediation, civil mediation to promote the healthy development of the area of justice should become urgent attention and resolution of the issue.In this paper, the structure divided into three chapters. The first chapter is an overview of civil false conciliation. The concept of mediation from the civil definition of a false start, the distinction between mediation and other related civil false connotation and extension of the concept of similarities and differences and summarizes the characteristics of mediation and civil false trends.The second chapter from the social, economic, especially the legal system, litigation mode perspective of the causes of civil false conciliation.The third chapter, first pointed out the dangers of civil false mediation, from social evaluation system, the principle of good faith, civil mediation system, operation mechanism litigation, civil procedure law, substantive law, criminal laws and regulations system, the prosecution of the Civil Mediation supervision false Public security organs involved in the mediation of civil false false detailed investigation and other aspects of civil litigation and regulation to prevent false mediation of specific countermeasures.