Morphological Analysis Of Court Mediation System

This paper consists of four chapters, the first chapter of the Court Mediation Systemand its main manifestations connotation mediation and court mediation conducted to definethe nature and structure of the elements of mediation were discussed, and furtherelaborated court mediation function. Article leads through court mediation systemforeshadowing theory manifestations reflect a country that is ruled manage time undercertain historical conditions of the decree,customs and other forms specification.Accordingto the different academic areas currently classified as involving inquisitorial mode andadversary model, the author another way, the courts of different forms of mediation systemto be divided based on the standard body for court mediation system form history, currentsituation and practice runs to make the path below the theoretical foreshadowing.Thesecond chapter of the traditional form of mediation system has been divided. Interpretationof the traditional mediation system and its morphological characteristics were evaluatedand reflection, and then discusses the transformation of traditional mediation, themediation system that forms the division of the new-democratic revolution, but after thefounding of elaborate forms of mediation and court reform and opening up and the historyof reform and opening up in the late first century, the form of the process of mediationcourt system, and finally through the comparison between the current mediation systemmorphology and shape of traditional mediation system, obtained form the currentmediation system is a form of early inheritance and beyond.The third chapter is divided toform the court’s mediation system, based on different standards bodies, divided as follows:the party-oriented, the judge-oriented political-oriented three forms.The parties wish toresolve disputes, mediation can achieve special rights beyond legal requirements whileconducive to the realization of rights. Parties to the pursuit of liberal values, embodied theprinciple of voluntary mediation. But in reality the operation, there will be issues of rightsand litigation rights of the parties entity restricted.Judges love mediation becausemediation can not only bring high efficiency and real material interests, but also can reducethe risk of courts by the referee way. Judge the value in the pursuit of efficiency, whilethere will be a heavy task of mediation, the limitations of the quality of judges and theimpact of judges evaluation of evidence issue. Politically-oriented needs of the affectedcourt justice policy and harmonious society, the pursuit of order value, but it will appear incourt on judicial policy " overreaction " and judicial policy implementation weaknessesappear in the actual operation issues.The fourth chapter is a practical path to courtmediation. Interpretation of the two parts by chapter. First, the basic balance, the CourtMediation System court mediation between public relief and private relief between, it isnot only part of the way to draw folk remedies and ideas, while being in among the judicialsystem, court mediation is therefore by law and theories of ethics pooled together. Value-based court mediation balance refers to the three value-oriented pursuit of justice, on the basis of the convergence of the parties-oriented focus on the value of the pursuit offreedom, the judge focused on the efficiency of the value-oriented pursuit of political-oriented focus on the pursuit of order value, when the conflict between different values,liberal values should give top priority to the pursuit of efficiency value basis on theimplementation of the policy of judges, while the order of importance to realize the value,committed to seeking balance between different values.Second, the practice of mediationsystem path different forms, to overcome the problems that appear in the reality of runningproposed regulation-oriented recommendations for different problems.