Civil Mediation Cases Problems Of Implementation Rate

Civil mediation system with Chinese characteristics by the international judiciary as the "Oriental experience." In judicial practice, however, a large number of civil mediation cases into enforcement proceedings, which is quick to resolve disputes through mediation system designed contrary. Civil Mediation regime judges confused identity, protection functions have weakened the parties, the lack of trial-level restrictions, judicial supervision and effective legal remedies, the Court preferences for mediation rate assessment indicators, risk judgment, the trial stress, trial run separate working mechanism, the judge illegal mediation, judge vulnerable age structure and professionalism restrictions and rights of the parties respect the concept of weak legal consciousness, ethical values missing, malicious mediation, litigation preservation and lack of warranty terms, three reasons causing heavy civil mediation cases into the enforcement process.In the civil mediation system, the relative separation of the trial to achieve the tone and establish the "adversary" model of mediation, the judge reasonable standard interpretation right to restrict trial level mediation, conciliation perfect trial supervision mechanism, increase litigation preservation efforts, and urge the parties consciously perform the mediation agreement; In court, we should establish a scientific evaluation mechanism, through the mediation of the civil trial run to go back one lower rate, constructed under the auspices of the diversification of the court dispute resolution mechanism, to limit the rights of the parties to go back and increase the punishment for malicious mediation efforts, and court personnel system reform, improve the overall quality of judges; The parties, the parties to litigation to improve risk awareness and strengthen social credit system, to achieve the automatic performance of civil mediation cases.