The Research On Several Issues Of Chinese Civil Lawsuit Mediation System

Mediation is an important way to solve disputes for more than thousands of years ofhistory. Mediation is both expression of ancient Chinese cultural tradition "no litigation"and mapping of Chinese national psychology “peace is most precious". As the evolution ofhistory and the development of social economy, the contents and forms of mediation isalso in constant development and evolution. The present civil lawsuit mediation system ofour country dates back to the new-democratic revolution period, and established after theP.R.C. founding in the legislation, playing an irreplaceable role in the construction ofsocialist democracy and rules of law, as an important part of Chinese judicial system inour country. According to the judicial policy "giving priority to mediation and combiningmediation with sentencing", civil lawsuit mediation has through the filing, trial andexecution, covering the whole process of judicial procedure, including the first trial,second trial, execution and retrial.This paper studied from following different dimensions of civil lawsuit mediation, ofwhich the connotation, procedure setting, comparative analysis with the prior mediation,legal effect, execution.The first part of this paper expounds the basic theory of civil lawsuit mediationsystem, mainly introduces the concept, nature, function, procedure settings and problemsin the operation of civil lawsuit mediation in our country. The second part clarifies thecoordination issues between the prior mediation and civil lawsuit mediation, of which thecoordination in practical operation are also proposed, in the view of comparative analysisthose two remedy systems. The third part expounds the effectiveness of the civil lawsuitmediation, mainly including the origin and content of effectiveness of the civil lawsuitmediation and the right of rescission of the parties in civil lawsuit mediation. The fourthpart analyzes reason, harm and countermeasures on the phenomenon of the high rate ofenforced applications of civil lawsuit mediation.