Discussion On The Improvement Of Litigation Mediation System In China

In China, mediation system has a long history and it has under gone thousandyears of historical evolution. The content and situation are constantly changed, but theunique function of mediation in resolving the contradictions and disputes has alwaysbeen the same. However, it is no doubt that the design of existing mediation system inChina still cannot meet the requirement of the development of economy and society,and still has various problems. It has become a prominent problem we are facing thathow to innovative and mediate working manners and methods to make this systemconstantly adapt to new needs of the social development. Shenyang City court systemcarries out a new attempt to constantly improve the litigation mediation system underexisting system framework and make the oriental flower cut a conspicuous figure insociety today so as to make it play a bigger role in constructing the harmonioussociety. This paper is divided into five parts to do preliminary analysis and researchon some basic problems of litigation mediation system in order to provide referencesfor the judicial practice of litigation mediation system.In the introduction part, the concept of litigation mediation system and historicalfigures of mediation system in China are briefly introduced. The importantsignificance of litigation mediation system in process of building a harmonioussociety is briefly described and the existing shortage of litigation mediation system inChina is proposed.The first part elaborates the status quo and existing problems of the litigationmediation system in China. Firstly, the concept and value of the mediation system inChina is summarized and analyzed so as to have a basic knowledge of litigationmediation system. Then the present situation of the litigation mediation system inChina is expounded from four aspects: the implementation of the trial mode ofmerger of the mediation and trial, the diversification of mediation ways, theincreasing of petition cases due to mediation settled and the gradually increasedenforcing mediation cases. Finally, problems existed in the litigation mediation system in China are pointed out from five aspects: the improper method of too muchemphasis on metering rate, lack of relative restriction mechanism to viciousconciliation, the improper trial mode of the combination of mediation and judgment,it is difficult to achieve the entity and procedural justice because there is no legal andindependent mediation procedure, and the high repudiation rate of cases settled bymediation.The second part elaborates the suggestions on improving litigation mediationsystem in the theory circle. Theory circles generally think that China should executesystem that the mediation right separating from judicial power; learn experiencesfrom Taiwan to put mediation outside the judicial procedure, strengthen entrustingmediation system and out-of-court settlement system, take steps introducing fairsystem and having the same effect with mediation agreement, court verdict and orderin writing, so as to practically reduce the repudiation rate after mediation; reestablishbasic principle of mediation system to make it play bigger functions; introducemediation guarantee system, increase the parties’ repudiation cost and effectivelyavoid the happen of vicious conciliation.The third part gives a detailed introduction to the practice and exploration ofimproving litigation mediation system in Shenyang City court system. Firstly, it isintroduced that how to set special mediation organization and completely realize theseparation of mediation and trial in Shenyang City court system. The theoretical basis,organizational system, scope of accepting cases and specific work system of thesetting of mediation service center are separately introduced; Secondly, it isintroduced that how to make innovative mediation ways bringing in network videomediation mechanism based on the separation of mediation and trial in Shenyang Citycourt system. The meaning and summarization of network video mediation as well asthe construction of court network video mediation mechanism taking example ofcourts in Heping District of Shenyang City are separately introduced; Thirdly, theconstruction details of the entrusting mediation mechanism of Shenyang City courtsystem is introduced from three aspects of the historical figures, meaning and processof the entrusting mediation; Fourthly, details of establishing invited mediators systemand strengthening assist mediation mechanism of Shenyang City court system areintroduced from the work principle and responsibility of assist mediation; fourprocesses of the entrusted invited mediators’ prelitigation, in-litigation, assist andjudicial confirmation; as well as seven aspects of invited mediators’ the routine management, professional training, award appraisal and training etc.; Finally, theconstruction status of the convergence mechanism of litigation and non-litigation ofShenyang City court system is introduced from four aspects of the legal ground, basicsituation, some experiences some thinks and so on.In the conclusion part, the basic ideas and position of the whole paper isinterpreted and the author’s opinion is stated clearly. The author puts forward a fewfeasible measures, appealing to strongly reform the existing litigation mediationsystem and practically constructing great mediation pattern adapting to Chinesecharacteristics in accordance with the requirements of the central authorities, so as toreally make the mediation system known as oriental flower cut a conspicuous figurein society today and play its due role in practically building a harmonious society.