Court Mediation System

As an important way to resolve disputes, Meditation system has been both studied and used in the East and West. And Mediation has a long history and rich cultural heritage in our country too. As one type of mediation, Court mediation had been not only founded and developed in our Democratic Revolution, but also flourished in now and the time, which is full of conflicts and dragged by the litigation explosion. However, there are many questions which we must draw our attention on: The system in the efficient settlement of disputes and effective digestion of social conflicts, but also there are many drawbacks, some of these ills on the legislation, some judicial practice; in theory, there are many problems to be study, to clarify it. This article started with the confuse use of the concepts of court mediation and judicial mediation, and then the court mediation system were analyzed in all-round and from multi-levels, finally I strived to make my views on the basis of previous studies so as to contribute to the Meditation system of our country .The thesis consists of four sections except the preface and epilogue, about twenty-five thousand words.The first part is an overview of the court mediation system. First, the Court of the academic community through mediation, judicial mediation, civil mediation, Mediation analysis of four more confusing concept, spelled out the various elements of the concept, that concept of using more scientific court mediation, then discusses China's current Court should follow the principle of mediation, as discussed below, paving the way.The second part is the development of court mediation system, the rationality of the existence of evidence into. In this part of the historical evolution of the modern court system, conduct in-depth study, based on the argument of the court mediation system was able to get the transmission and development in China, is a profound reason for that is the reason the traditional Chinese legal culture and the inherent value of the mediation system for this reason.The third part discusses the mediation of our court system status and problems. In the previous two sections, based on some combination of the status quo of China's court mediation system at two levels from the legislative and judicial court mediation system reveals the existence of many problems for the next part of the discussion, paving the way. The fourth part is the court of China's reform and improves the mediation system. In the third part of the problem revealed on the basis of the right remedy, proposed should be balanced relationship between mediation and trial, and the following aspects should reform and improve China's court mediation system: the gradual establishment of a "trial separation adjustment" mechanism, to further improve the principle of confidentiality, straightened position of the trial and mediation to avoid going to extremes, and strictly implement the voluntary principle, eliminate the mandatory mediation, the mediation mechanism to strengthen the reform of exploration around the harmonization of norms and guidance, and mediation staff capacity and skills of mediation training.