Our Country Grass-roots Court Mediation Mechanism Research

Intermediation is continued development of our country’s traditional and historical culture, which has become the important method of dispute revolution as a kind of culture in today. Because of the economy developing quickly, the interaction is more and more frequently, especially, the judicial process is accelerating develop so that people’s judicial awareness is becoming strongly gradually, which leads to the number of cases is increasing sharply. Of them Basic People’s Court is at the frontier of dilemma. A number of cases make Basic People’s Courts taking on much pressure but many of them only are the simple cases. The intermediation of court, namely, the special meaning of intermediation of litigation is the usual closed cases method. However, the shortcomings of the intermediation of litigation are more and more evidently with the numbers of cases increasing and complication and professional characteristic of cases. In the waves of reformation of trial way and judicial system, all country has realized the significance of this problem. Nowadays, Alternative Dispute Resolution is developing in full swing, which is not independent of the dispute revolution of litigation, and is gradually becoming a phase of litigation process------ADR. Under the background of the big mediation which is advocated, the judicial practicing field is actively exploring the Alternative Dispute Resolution. Many Basic People’s Courts have explored the ADR as the pilot court. Court annexed mediation is the most typical mechanism of judicial ADR. It can be applied to lawsuit process and simple ADR flexibly. This kind of double character can mitigate the pressure of cases, save the judicial resource, and maintain the interpersonal relationship between people. Not only the theory field does explore the new field, but also the practical field has the way of their own. In this reform process, our mechanism lacks the process protecting because of the legislation not perfect.Basing on the foreign experience, the thesis creates a kind of court annexed mediation mode suited to our country as a reference, which is combined with some modes explored by Basic People’s Courts. The field of theory exist a lot of relevant thesis. The thesis abstracts a part of them as represents, and focuses on the common concept combined with some minds of mine.The chapter one introduces the theory discussion of Basic People’s Court annexed mediation mode, which chooses the angles of concept, the frontier of the theory, character with value, and so on. Further this part explains why the mechanism is fit for Basic People’s Courts. All of them service to the theory part of this thesis.The chapter two predicts the necessity of foundation of Basic People’s Court annexed mediation mode. To attach to the destination of foundation, the thesis from some perspectives which contain the present the problems, spirit and fulfill the rights of parties of mediation of Basic People’s Court to analyze.The chapter three introduces the feasibility of foundation of Basic People’s Court annexed mediation mode. Describing from the perspectives of culture, national conditions, laws and regulations, the thesis richens the mediation theory, which instructs the mechanism is significant. Through the second section, the paper introduces the setting of the representative Chinese Basic People’s Court annexed mediation mechanism. Furthermore, the paper describes the effect of running.The chapter four introduces the two legal systems of the world which introduces the mediation system from the representative countries (USA, Australia, Germany and Japan). Through description of their histories of mediation and operation of status help to richen our country foundation of Basic People’s Court annexed mediation mode.The fifth chapter introduces the spirit which explains from four perspectives of Basic People’s Court annexed mediation mode combined the chapter one. The front part applied itself to ideologically the establishment of Basic People’s Court annexed mediation mode. Furthermore, the last part commits itself to establishment of system combined the chapter two, chapter three and chapter four. Through the feasibility (the resources of establishment system of China) research and reference of the Basic People’s Court annexed mediation mode of foreign countries are aim to attaching the establishment of Basic People’s Court annexed mediation mode in our country.Eventually, at the back ground of "the big mediation" and integrated the spirit of Alternative Dispute Resolution, this paper’s aim is rather to integrating the people’s mediation, administrative mediation and judicial mediation than running respectively. This kind of mode is suit to establish Basic People’s Court annexed mediation mode in our Country.