Research On The Mediation System In The Criminal Incidental Civil Action

Criminal Incidental Civil Action in our country is now facing difficulties that thelegislation and practice is out of touch. This system is aiming at saving litigation costsand reduce the system v. tired. But now it has caused other problems. It is not onlyreduces the effectiveness of the proceedings, but also deepened the conflict betweenthe parties. Facing with this dilemma, theorists started to explore on the abolition ofthe Criminal Incidental Civil Action System, while practitioners are self-generatedspontaneously explored incidental civil system reform, with the use of mediationsystem to resolve civil disputes.Judging from the effects of the practice, the Mediation System is the bestsolution to make up for deficiencies in the system of Criminal Incidental Civil Action.And it also has important significance to solve incidental civil dispute. On the onehand, the victim can obtain for damages in time according to reaching an agreementwith the defendant in the mediation system. It can also solve the problem of executionof the judgment. In addition, the defendant may get lighter penalty through fulfillingthe obligation of reparation actively. The application of Mediation System to solveincidental civil dispute can not only safeguard the legitimate rights of both parties’interests, but also resolve conflicts effectively and achieve the "win-win". On theother hand, the mediation system can resolve the disputes smoothly, improve thelitigation efficiency effectively, reducing the v. tired and saving the cost of justice. Itis imperative to establish a system of mediation.This paper is starting from introducing the necessity and feasibility ofestablishing a mediation system by analyzing the deficiencies of the existing system,the basic theory of mediation and the advantages of mediation. Then it discuss thepremise and the principles should to be followed in the Mediation System bydescribing how to correctly handle the relationship between damages and sentencingas well as the particularity of combining incidental civil mediation system. In the final part of this article, it further analyze the specific application of mediation.