Research On False Mediation And Its Prevention

False mediation, the false action in the procedure of court mediation, means the malfeasance that both parties of civil litigation collude spitefully and hide the truth, mislead the court to make a false mediation agreement through court mediation so as to acquire illegal interests by means of making up facts and forging evidence. The number of false mediation has increased year after year. False mediation has not only infringed the rights of other people, but also plays with the jurisdiction of the court and turns it into the accomplice of perpetrator. Research is divided into four parts in this thesis.The first part summarizes false mediation. This part mainly probes in three aspects, including the emergence and development of the mediation system, the definition of false mediation and some definitions referring to false mediation. This part first discusses three stages of developing process of mediation system in ancient time, new democratic period and after the founding of new China. Second, it describes different views of scholars on the concept of false action so as to draw out the definition of false mediation. And then it analyzes the similarities and differences among false mediation, malicious action and fraud action.The second part discusses the main features and four typical cases of false mediation. This part first cites a typical false mediation case to conclude four characteristics of false mediation, which includes subjective intent of the parties, invalidity of acts, perniciousness of result and abuse of court mediation procedure. And then it makes a more detailed analysis of these characteristics. After that, it discusses four typical kinds of cases and analyzes the specific features of each case.The third part interprets the reasons of false mediation. This part sums up the reasons in three aspects, that is, lack of social honesty, limitations of the Court mediation system and legal prevention omission. Moreover, it analyzes the social, institutional and legislative reasons so as to lay the foundation for the prevention of false mediation.The fourth part focuses on the prevention of false mediation. Prevention measures on false mediation are generally corresponding to the reasons of false mediation and are divided into three parts, strengthening the construction of social honesty, improving the court mediation and legal regulation. This part emphasizes the improvement of the court mediation system, regulation of the civil procedure law and establishment of infringement damage system in order to prevent false mediation effectively.