Empirical Analysing On Our Courtry's Civil Lawsuit Conciliation System

After entering the new century, civil lawsuit mediation rises again. The key factor is that civil lawsuit mediation is more useful than the trial and sentence on difficult and complex cases, to end litigations, dissolve the contradictions and maintain the social stability. However, because the inherent limitations, different subjects of the litigations benefits'game and " broken window phenomenon" on the petitions, There is a gap between the actual efficacy and the ideal efficacy of civil lawsuit mediation. In order to resolve the questions of the civil lawsuit mediation, the article thinks we should divide it into some types such as congenitally deficient problems, exaggerated and manufactured problems. In respect of judicial practice and the native culture, the civil lawsuit mediation should be long-term coexistence with the trial, and divided into the policy--driven mediation and case-needed mediation. With the law developing, the policy--driven mediation should gradually be replaced by the case--needed mediation. However, it is so necessary to try to limit the human problem of the policy--driven mediation and to meet the requirements of cases and the wills of the parties.