The Reforms Of The Mediation System In Chinese Courts Research

Mediation as an importance means of dispute resolution has a long history in china, in two thousands of years feudalism society in china, mediation played an important pole either in dispute resolution by government ,or in civilian dispute resolution and brought far-reaching effect on dispute resolution system in our country. The current mediation system in people's courts play a very important role in the Chinese civil procedure system and by solving a large number of civil disputes through the mediation system, it shows the radical effects in the smoothing the quarrels, solving the social contradictions and promoting the social harmony in the judicial practices. And the Chinese mediation system is the perfect tradition and the valuable experience by accumulating the long time of the judicial practices, which is honored as the"oriental experience"by the foreign countries. However, with the growing development of the social economy, the disadvantages in this system would be more and more obvious that is hard to reply the needs of the development of the fresh judicial situation. Therefore, this dissertation would focuses over the reforms and perfects around the system in order to make it better. So, first of all, this paper gives a brief summer about the basic concepts, the basic principles and the historical exams and the transforms concerning the mediation system. Secondly, it makes the analysis about the current situation, the living problems and the necessity of the reforms. And finally, the author puts forward to the imagination about the reconstruction of this system and the following suggests from the actual national information and the everyday judicial works.The whole context is composed by the following three chapters which are accounted for 15 thousand words. Chapter One is the outline about the mediation, which is mainly to introduce the concepts, the principles, the historical reviews and the transforms and such the basic knowledge. Chapter Two is the analysis about the proceeding situation and the reasons. So in this part, it analyzes the disadvantages in the mediation system and the reasons about the existing problems systematically and objectively, which is the buried clues for the next reforms plan. Chapter Three is the designation about the reconstruction of the mediation system in people's courts, which is to make the summer about the academic approaches and reforming plans to promote the author's imagination about the litigating mediation.