Study On The Alienation Phenomenon Of Judicial Mediation Under The "Meditation-priority" Judicial Policy

Throughout the history of China’s judicial reform, the rise and fall ofJudicial Mediation is a dramatic phenomenon which cannot be ignored.Especially, since the Supreme People’s Court of China (SPC) issued theatavistic policy of "Putting Priority to Mediation and Combining the TwoMethods of Mediation and Trail"(or "Mediation-Priority Judicial Policy"(MPJP)for short) which triggered a movement of Judicial Mediation and a stronginclination for such traditional resolution. Due to the influence of the newpolicy, Judicial Mediation is now playing a church role in China’s civilprocedure and had done magnificent effects on both the outlook of the judicialsystem and the beliefs of the judges.Thus, this paper aims to make a comprehensive analysis of the MPJP’sbackground and history of development, and demonstrates the MPJP’s negativeeffects which leading the alienation of Judicial Mediation, then comment the dramaticfate of Judicial Mediation over the last two decades, inspecting the real sicknesses ofChina’s judicial system.This paper consists of three major chapters. Each of them is to discuse:Chapter I: Introducting the MPJP. This chapter introduces the policy’sconnotation and its’ brief history through the2000s. In addition, this chapter showshow the Judicial Mediation has risen and fallen since the1950s, and gives anelaborate description to the background of the MPJP.Chapter II: Demonstrating the MPJP’s negative effects which led to the alienation of Judicial Mediation. This chapter describes the disastrous consequences--the disruption of the judicial order; the violation of the litigants’ procedural andsubstantive rights--due to the policy’s operation.Chapter III: Analyzing the dramatic fate of Judicial Mediation over the last twodecades, questioning the real problems within China’s judicial system. This chaptershows the "Geometer Effect" which occurs from time to time during China’s judicialreform, pointing out that the negative effects of the judicial reform’s top-downapproach. This chapter also provides some brief suggestions to solve the problems ofthe Judicial Mediation at the present moment.