Research On The System Of Court Mediation

Court mediation system is an important system of Civil Litigation, as a unique solutionto the dispute, which is produced and the developed in the context of the traditional legalculture. It is called “Oriental experience” by western countries. With the development ofmarket economy, commodity trading frequently, more and more social disputes, Courtmediation system shows strong feasibility to resolve conflicts and disputes, and holds adominant position in a variety of ways to resolve the dispute and contradictions in modernsociety. Court mediation system to resolved civil disputes, and maintained a harmonious andstable social order.In addition to the introduction and conclusion, the text consists of four parts.It introduced the concepts, features and value of the court mediation system in the firstpart of the text. The purpose is to do a thorough analysis and understanding of the courtmediation system, in order to lay a good foundation for the explore from the point of view ofthe traditional legal culture.Court mediation system occupies an important position in ourjudicial system by its unique advantages of flexibility and convenience. Court mediation canresolve civil disputes in a timely, thoroughly,and maintain a long-term relationship betweenthe parties effectively, and help to improve the efficiency of the court handling the case,andreduce court burden. It is because of a court mediation system is a reflection of the intrinsicvalue of the four areas of freedom, justice, order and efficiency, so that it plays an importantrole in the process of resolving disputes.The second part do a longitudinal study of court mediation system, based on the specialbackground of court mediation producing. Democratic revolution, court mediation met thespecific need of the War of Resistance Against Japan at the time and highly valued in judicialpractice. It produced “maxiwu Trial Mode” having a significant impact on the judicialmediation that time. Since New China establishment, with the development of China’spolitical, economic, and culture, affected by the judicial reform, the court mediation systemhas experienced a "mediation-based","focus on mediation","voluntary legal mediation" threestages of development. Court mediation constantly adjust with the requirements of socialdevelopment.The China court mediation system has been able to back to ancient times, there is a closerelationship with China’s traditional legal culture. In order to be able to more in-depth research of the Court Mediation System, that makes it perfect to play a greater role in theconstruction of the rule of law in the modern. In the third part of this article, author analyzedthe impact of various factors on the traditional legal culture in the court mediation systemfrom court mediation system rooted traditional legal culture. It elaborated the meaning andthe respective reasonable and limitations of Reason Law, the No Litigation thought andHuman spirit, in order to study the impact of the court mediation system.The presence of the court mediation system met the development needs of thecontemporary society, and played an important role in promoting the building of aharmonious socialist society in the development process. However, any of the legal system isnot perfect. There are the same inadequacies in court mediation system. There are still manyproblems to be solved in China’s court mediation system, such as Judge dual identitydisorders, mediation procedures non-normative,"to ascertain the facts and distinguish rightfrom wrong" in contradiction with the nature of the court mediation, single issues and so on.In the fourth part of the paper, author considered that the court mediation system should beimproved, rather than weaken or repleal the system, after in-depth study of the drawbacks ofthe Court Mediation System, based on the basis of the traditional legal culture, combinedwith the basic national conditions in modern. Author proposed some reform proposals for theexisting problem, focusing on the development of judicial ADR, seting of court-annexedADR and fitting with China’s traditional legal culture. Within the existing framework, usingthe local resources, beyond the traditional, court mediation system reform and developmentcreatively, and promote better play to their strengths and role in building a socialistharmonious society.