Mediation In The Civil Retrial And Perfect

Mediation is the basic system stipulated in the civil procedure law, is also an important judicial system construction with Chinese characteristics. It is well-respected for effectiveness of the non-confrontational way of solving disputes, maintaining social harmony and stability, and plays a unique role. Based on the special meaning of mediation, the law will be designated as a mediation system, and gradually improve the mediation procedures. Flexibility and variety of mediation shall apply to all phases of litigation. In recent years, courts at various levels are strongly advocating the case of mediation as an important indicator to measure working quality. In judicial practice, however, mediation is not easy, and once the case lies in the trial proceedings, it has sharpened contradiction between the litigants. When entering the stage of retrial cases in particular, mediation will be more difficult. As the boundary of the judicial process, Retrial procedure functions as ending disputes. At this stage, if the mediation close the case, it can effectively resolve contradictions and disputes, reduce litigation costs, reduce duplication of work, ease the tired litigants, even maintain social stability, the consolidation of stability and unity of the social situation.This paper mainly includes four parts:the first part is the connotation of civil retrial mediation, further defining the concept of mediation, litigation mediation and conciliation of civil retrial, which expounds the legal basis of mediation in civil retrial cases; The second part is mainly about the characteristics of mediation in civil retrial cases in China and the situation analysis further expounds the value and so on; With empirical analysis method, the third and fourth part studies the mediation of civil retrial cases in China’s current situation, the problem of actual operation at mechanism level and the main reason for the problem on the basis of the research, and puts forward to solve the retrial procedure problems in several aspects as to construct and perfect the legal system, in order to play a role in the use of the mediation in civil retrial legislation development through the mediation of civil retrial experience and problem analysis.