| The lawsuit mediation, praised as "Oriental experience" by foreign scholars, playsa very important role in our history’s civil dispute resolution. After30years of reformand opening up, China’s economy has achieved rapid development, the social structurehas also undergone tremendous changes at all levels, and various social contradictionshave emerged. Under the trend of " Extensive Mediation" from the current judiciary, thelawsuit mediation system has been taken seriously again, focus mediation andmediation priority has been used extensively. Aiming at the urgent situation faced by thecurrent judicial reform and the need of building a harmonious socialist society, I plan todo a re-litigation about our China’s history evolution of the lawsuit mediation system.By studying the history of our lawsuit mediation system, we can discover the cause andexistence value, and thus discover its defects. By analyzing the defects of the presentlawsuit mediation system, I will give some suggestions for improvement from thelegislative level.This article consists of the following sections: the first part is about the conceptinterpretation of lawsuit mediation, and the relationship distinction of the lawsuitmediation, the people’s mediation, the arbitration mediation and such various mediationsystem, and the analysis of the nature and value of the lawsuit mediation. The secondpart is about the analysis of the main form and characteristics of the ancient lawsuitmediation system by reviewing the history of ancient.China’s lawsuit mediation system, and to find the basis of the emergence anddevelopment of ideas and culture, social and economic infrastructure, politicalfoundation and the basis of the judicial system by examining the causes of the lawsuitmediation system in ancient China.The third part is about the inspection of historical change about modern lawsuitmediation; This section includes the lawsuit mediation history of the end of the QingDynasty, the following Republic of China, and the time of revolutionary base leadingby Communist Party of China. It also analyses the existence reasons of ancient lawsuitmediation and the formation of modern lawsuit mediation. The forth part sums up the"U" development trend of the lawsuit mediation system after the founding of new China,analyses the reason why the lawsuit mediation experienced the development from beingvalued to be weaken, and then be paid attention again. The fifth part analyses the defects of our current lawsuit mediation system from the legislative level. The sixth partdiscusses the debate about the future development trend of the lawsuit mediation fromthe present theoretical field, puts forward some views and gives some suggestions onhow to improve the lawsuit mediation system from the legislative level.In summary, I hope to provide some reference and help for China’s civil actionlegal reform and a socialist harmonious society construction by the study of theevolution and development trend of China’s lawsuit mediation system. |
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