The Research Of Compulsory Conciliation In China

The mediation system originated in the late primitive society in China,the earliest records about it are found in the <ZhouYi>. In ancient China,the mediation system made an important contribution to resolve civildisputes and maintain social stability. Contemporary China’s civil mediationsystem includes judicial mediation, administrative mediation and thepeople’s mediation,.Among all those mediations, the judicial mediation isquite different from other two because of the intervention of the state power.The intervention of the public authority, on the one hand, make the judicialmediation a more powerful backing and protection, but on the other hand, ittends to create some problems, such as mediation mandatory conciliationprocess.In the field of the international justice, the mandatory mediation may alsobe referred to as the the mediation front or mediation first, the mainemphasis is mandatory mediation on the launcher, not clearly defined forthe mandatory mediation process to reach agreement, it is clear that thisshould also be belonged to the scope of mandatory mediation. Themandatory’s becoming has its own social causes and is also verynecessary. From the background fof the judicial, China has adopted the"tune-one-trial" mode of action for mandatory conciliation based on thepremise, and the mediation itself has a series of advantages,this also leadthe judges more inclined to close the case by mediation. At the same time,nowaday society has litigation explosion, the resources of the nationaljudicial is also limited, because of the flexibility of the program,mediation is conducive to the effective settlement of the case, it also canease the tensions of judicial resources all over the court, resulting in toomuch emphasis on mediation rate.Extra-territorial provisions of the law on the mandatory conciliation arerelatively perfect. In1924, the Germany setted mandatory mediation forthe first time, on January1,2000, article15a which is the first in the historyof Germany widely effectiveness of mandatory mediation law. In Japan, the mandatory conciliation including mandatory mediation of the startupprocess, the mandatory three types of mandatory conciliation andmediation mediation in the conclusion of the procedure. The mediation inTaiwan is different from other extra-territorial provisions on compulsorymediation, it sets not only a first attempt to conciliate the case, but also afew cases that can not be mediated.For mandatory mediation, the author argues to limit, a portion of casessuitable for mediation is defined as pre-litigation mandatory mediation,such as issues concerning family, neighborhood disputes and other cases.In order to avoid the drawbacks of mandatory conciliation, the legislativework on the mandatory conciliation should be improved, the scope,procedures and other aspects of specific mandatory mediation shoule belimited, the mediation of a third party’s judges discretion to prevent themediation process accord compulsory for the parties. On the other hand,we should improve the supervision mechanism of the mediation system,emphasizing the dual role of internal and external oversight, theestablishment of the ex-post evaluation mechanism, mediation the partiesto the mediation of a judge to evaluate the results of the evaluation and jobperformance.