The Basic People’s Court Of Anhui Province To Apply The Investigation Report Of The Mediation System

Mediation is the most effective way to resolve social conflicts has long been an indisputable fact, research the court outside experts, scholars, and other mediation mainly focused on the theoretical research, theoretical studies of mediation is already quite mature. Theory and practice there is always a certain gap, mediation in practice specific how, but also what are the problems? To this end, the paper tries on the basis of previous studies, the perspective focused in more representative Anhui, to to explore grassroots people’s court mediation applicable, the existence of the problem and propose appropriate countermeasures. The full text main body consists of three parts:The first part is the content and conclusions of the investigation report, the focus of investigation mediation at the grassroots people’s court directly applicable to the situation and the grassroots People’s Court in the applicable mediation system. In recent years, affected by many factors, the number of mediation cases is increasing year by year, but the mediation rate rise, but more slowly. The mediations type imbalances in the distribution of the common civil cases of three categories, the distribution characteristics of cases structured regional level of development of the distribution of the different mediation cases. In addition, civil cases, the bulk of mediation, account for only a small part of the criminal with civil litigation and administrative proceedings. Addition to the above indicators, the the judges jurisdiction limits of the number of cases closed with the average number of days is also an important impact indicators. In addition, the grassroots people’s courts apply mediation system is gradually revealed, mandatory mediation for breach of the principle of voluntary departure from the mediation system for a long time to set the original intention of the tune undecided and recessive illegal mediation is the most common problem.The second part biased from the limitations of mediation and conciliation carrying social function, the lack of mediation system, the Mediation System trial personnel problems, lack of mediation to ensure funding and engaged in five trial mediation of staff is relatively tight angle analysis of the reasons of the above conditions. The third part of the proposed countermeasures for the above reasons. To face value of the mediation, the correct positioning of the mediation of social functions, improve the mediation rules to avoid abuse, sound appraisal system to keep the mediation initiative, establish and improve the mediation supervision and review of the accountability system, improve thinking and understanding of the judicial personnel and mediation, protection mediation special funding and staffing seven aspects, multi-pronged approach to promote mediation system in good operation of the court to establish benign mediation system, better realize the value of mediation.