Research On The Mediation Judge Mode In The Rural Areas

At present, China is in the the deepening social transition of economic and political restructuring, all kinds of conflicts have become increasingly frequent. In some areas, especially the part of the underdeveloped rural areas, all kinds of contradictions and disputes has become increasingly prominent, to some extent, endangering the long-term peace and stability of the rural areas. The grassroots people’s courts shoulders investigation and dispute contradictions in rural areas,its judicial functions depends on a strong contingent of judges to achieve.Currently,the underdeveloped rural areas facing a case of the realistic characteristics of a single type of case and trial mediation, the people’s Court also facing a case of a dilemma of more than the less judicial predicament. Only establishe a team as soon as possible to have rich experience in handling cases, to adapt to the needs of the rural social practical judge, can we give full play to the people’s court of the grassroots fort effect.And it can truly resolve conflicts and disputes, and maintaining rural areas stability.This paper is divided into five parts. The first part of the interpretation of Grass court dilemma, S H County People’s Court of the Province is selected for the sample, and analysis of the current underdeveloped rural areas, common people’s courts stretched trial forces, the number of cases increasing continues is obvious faults, uneven quality of personnel, external drawbacks and so on.The second part analysis the reality of judicial demand, through in-depth analysis of a typical case, come to the special needs of the local community, to resolve disputes without plain; with the use of local resources of law; properly resolve the legal rules of customary differences. in addition,mediation judge model of advantage in the rural society’s judicial demand.The third part Put forward the idea of creating mediation judge model, from the British magistrate mode experience, based on the British differential access hierarchy of judges and efficient mode of the magistrate, that judges occupation and elite does not exclude the multi-level, the realistic enlightenment of non occupation of the same occupation factors in the large pattern. it is recommended that outside the existing twelve judges system, equipped with the grassroots people’s court a mediation judge to engage in simple civil cases and minor criminal case.Through clarifying the mediation of the judge, reducing the employment "threshold" of mediation judge, and constantly expand the channels of mediation with measures to achieve the normal operation of the mediation judge mode.The fourth part puts forward mediation judge empanel mode. To broaden the mediation the judge’s selection channels, clear mediation the functions of a judge range, ensure that mediation the judge’s personnel flow, giving mediation judge necessary preferential policy, in the existing the judge system besides, equipped with professional engaged in simple civil cases in mediation mediation judge.The fifth part is the study mediation judge model of concrete applicable, design mediation process of application of the judge, to realize the integration of mediation and litigation. Due to the mediation judge law knowledge weak and vulnerable to objective factors limit, may affect the verdict. Mediation a judge should adapt to the people’s court of the basic functions, adapt to the rural areas, to adapt to the demand of justice.