Research On The Role Of Mediation In Criminal Proceeding With Supplementary Civil Action

Criminal proceeding with supplementary civil action is a kind of systemwith the purpose of sparing the litigation costs, avoiding the different factsconfirmed by separated criminal and civil judgment and making the victimsand their relatives get the compensation in the same proceeding. However,this system is not going effective as it is supposed to be. On the one hand,oversimplified and deficiency law leads to the unsure or different judgmentimpairing the legal authority and credibility. On the other hand theadjudication made by the judge usually might not guarantee the substantialinterests of the victims. It is difficult for the plaintiff to enforce the judgmentbecause the poor situation of the defendant and other reasons. Courtmediation as an efficient way to solve the disputes in supplementary civilcase is beneficial not only to the defendants but the victims, which mayinsure the stability and harmony. A successful mediation in supplementarycivil procedure needs proper opportunity, suitable method, intelligence ofmediators, rich experience, trust, equity and justice. This dissertationanalyzes how the mediation is used during the criminal proceeding withsupplementary civil action on the basis of theory and practice.This dissertation is divided into6chapters. In the first chapter the prosand cons of mediation in the supplementary civil litigation attached to the criminal proceedings is explored and followed by the analysis of thenecessary. The second chapter of the dissertation elaborates the principles ofmediation. The third chapter contains the types, objects and methods whichwill be discussed in more detail according to different cases in chapter four.The fifth chapter clarifies ways to settle lawsuits according to the outcome ofthe mediation. Deep research will go on in Chapter six.