The Jurisprudence Thinking Of The Phenomenon Of Mediation Instead Of Judgment In The Judicial Practice Of Our Country

Mediation instead of judgment phenomenon is our country implementation emphasize conciliation, mediation prior judicial policy in the process of the emergence of a new phenomenon, mainly refers to the court and the judge in the face of the dispute mediation time preference, should judgment without judgment, long time for mediation, mediation decision to replace the phenomenon such as. This case has its historical tradition and realistic rationality, but in practice it is not scientific and the negative effects are also obvious.This paper from the perspective of jurisprudence analyzes this phenomenon, first discusses the connotation of mediation and judgment, efficacy and logical relationship; and then to the judicial practice in mediating instead of judgments of the phenomenon analysis, from statistics and Embryology angle comprehensive analysis of this phenomenon; and then to the judicial practice in mediating instead of judgment phenomenon causes analysis, main from the historical aspects of the phenomenon of; at the same time combined with empirical analysis in the judicial practice of mediation instead of judgment phenomenon of negative effect. Finally discusses how to overcome the judicial mediation replace trials phenomenon, how to avoid the negative effects of this phenomenon.Through the above analysis, the mediation instead of judgment is the phenomenon in judicial practice gradually develop, have its rationality. However, for a long time, the legal practitioners of this phenomenon has already be accustomed to, on its negative influence evaded. In "the big mediation" mechanism gradually building today, mediation instead of judgments of the phenomenon of negative effects will increasingly magnified. In judicial practice as far as possible to eliminate this phenomenon, avoid the phenomenon of negative affect, mediation and judgment of rational and effective use of, make it more in line with the spirit of the law, to better safeguard the interests of the parties, be worth to legislators and judges thinking.