Court Mediation Behavior Theory

In recent years, Chinese scholars have not only made in the court mediation abstracttheoretically fruitful results from the concrete practice around the court mediation systemreform in China also made a useful attempt. However, the theory is not on the court mediationmicroscopic procedures, exposing our basic theoretical research for court mediationinadequacies. Court mediation is a mediation behavior by the court, the mediator and theother mediation participants constitute a dynamic process of the development of the program,the court mediation behavior is the study of one of the basic elements of court mediationtheory and system not only serves as a court mediation theory the role of research methods, aswell as a separate system and study. From mediation legislative perspective, the legislation ofthe law, the mediation rules of conduct; mediation actors from the perspective of judicialmediation practice, legal evaluation of the mediation behavior of actors. Therefore, the courtmediation behavior is of great significance for the development of the Court MediationTheory.Limit the scope of court mediation behavior explored in the field of civil court mediation,mediation acts as a research perspective, using a combination of legal theory, comparativestudy, empirical analysis, comprehensive analysis and theory with practice law commonlyused research methods, attempts to the basis of the theory of the entire court mediationcombing and explore, to build a court mediation behavior theoretical system, expected to givethe Court Mediation theory provides a new research methods or new perspective.The structure of the article, the introductory section describes what court mediationbehavior theory, several issues important difficulties in the meaning of the writing of thiswriting, and writing ideas.The first part focuses on the behavior of the basic problems of court mediation. First, theconcept of a court mediation behavior based on the microscopic but the most able to definevarious court mediation behavior include, as long as the court, the parties and the participationof other mediators of human behavior to produce the legal effect of acts of mediation, all belong to this article investigate the behavior of court mediation, which lay the foundation forthe study of the entire mediation behavior; Second, by the nature of court mediation behavioranalysis, and compared with litigation behavior analysis, more profound description of courtmediation behavior; Finally, the court mediation behavior classification forth to help specificunderstanding of the personality characteristics of each type of mediation behavior, and laythe foundation for the mediation behavior legal establishment, effectiveness evaluation, andthe legal sanctions for illegal mediation behavior.The second part discusses the legal control of the court mediation behavior. The law isone of the social norms play regulating the function of the social order, legal controlmediation behavior for mediation to achieve good order, mediation actors need to be clearlythe basis for mediation behavior in our performance for the generalized Court Mediation Act;Secondly, the rights (powers) through mediation rules and obligations between the Court andthe parties a reasonable setting and allocation, clear court mediation main role in themediation of behavior; Then analysis of the behavior of the mediation actors runmediation,the behavior of the run way whether legitimate relationship to the legal effects oftheir behavior; Finally, the analysis of control through the legal court mediation behaviorshould pursue ideal order that court mediation legal control purposes where.The third part focuses on the evaluation of court mediation behavior. Legal need forcourt mediation behavior evaluation, aimed concerned about the Court Mediation behaviorlegal effect. According to the evaluation of the behavior of different objects, can be dividedinto the evaluation of court mediation behavior, evaluation, and on the mediation behavior ofthe parties to participate in the mediation of behavior evaluation of other mediation, themediation of the court and the parties of the evaluation is the focus of the analysis; including,for the evaluation of the mediation of the parties acts in accordance with the purpose of theevaluation can be divided into whether the conduct of the establishment, whether legitimate,effective and whether there is reason four kinds; evaluation of court mediation behavior,whether the behavior can be divided into the establishment, the legality and validity of threekinds. The fourth part is mainly to investigate the court mediation behavior of legal sanctions.The parties, the courts and other mediators to participate in the mediation acts in violation ofperemptory norms prescribed by law, will form the illegal mediation behavior need to begiven legal sanctions for the illegal acts of mediation. This article focuses on the substantivesanctions on illegal mediation behavior of the court and the parties, in order to promote theconvergence of substantive law and procedural law.