Discuss About The Reconstruction Of Court Mediation System In Our Country

The court mediation institution is very important in our lawsuit system. It has long been the preferential means for both litigants and judges to settle civil disputes and handle cases, which demonstrating its strong vitality and playing an irreplaceable role. However, more and more attention has been focused on the deficiency of this system. Theorists and practitioners are struggling to make improvement or restructure on the basis of inheriting traditional domestic legal culture and transplanting Western modern concept of law. It has been increasingly clear that with development of both economy and legal system, an improved wide rage dispute resolution system is necessary. This resolution system is no more some partial improvement on specific rules, but an important part in the overall conversion of the civil trial structure. It calls new demands on the reform of the court mediation.With the background described as above, this essay will discuss the reconstruction of China’s court mediation system, all in four chapters:ChapterⅠ:Summary of the definition, concept, characteristics and principles of China’s court mediation system. To define expressions and prepare for the demonstration thereafter, this chapter also describes the relationship between China’s court mediation and non-litigation mediation and civil trial, and the historical development of China’s court mediation.ChapterⅡ:Overseas relevant systems. In this chapter, the relevant systems in American, German, Japanese and Taiwan will be respectively introduced. The author also discusses their differences from China’s court mediation. As these systems are comparatively mature, we can have them as reference.ChapterⅢ:Analysis of the existing China’s court mediation and problem reveal. It is the basis of ChapterⅣ.ChapterⅣ:Reconstruction of China’s court mediation. In this chapter, the author will firstly list some representative viewpoints, and then express her statement to put forward to improve the institution:substituting settlement of action for current mediation institution, establishing Alternative Dispute Resolution with the opportunity of the Civil Procedure Law amendment.