A Study On The Implementation Deviation Of "Mediation-Priority’ Policy In Civil Litigation

In 2008, the Supreme People’s Court issued the justice policy of "mediation priority", which plays a positive role in eliminating social conflicts and maintaining social stability. However, a series of problems have emerged in the implementation of the policy, such as implementation means violating integral requirement of the policy, policy outcomes deviating policy goals, and the emergence of a series of deviation phenomenon, which deviates the policy’s spirit essence of "thorough settlement of disputes". The prominent performance is that "mediation priority" turns into "mediation rate priority". The thesis focus on the study of all-above deviation from the perspective of elements affecting the effective implementation of public policy, in anticipation of finding out latent reasons and putting forwards some coping strategies.The thesis falls into five chapters. The first chapter introduces the subject significance, the research status quo, theories, and research measures on the subject at home and abroad.Chapter two expounds the reasons for defining implementation deviation of "mediation priority" policy and the relevant concepts of policy implementation theory, the research tool of the thesis. On the basis of Smith Model, the thesis proposes five elements that affect the effective implementation of public policy, i.e. policy quality, policy executor, applicable objects, policy environment and policy implementation monitoring mechanism, which serves as the analysis model of the thesis. Besides, this part gives an elaboration of "mediation priority" policy, the research object of the thesis, and gives an definition of the deviation of the policy on this basis.Chapter three lists the prominent performances of implementation deviation of the policy, such as mechanization, distortion, defects, perfunctoriness, and the illegal means.Centered around implementation deviation performances bases on the above-mentions five elements affecting the implementation of public policy, chapter four expounds the reasons for implementation deviation of the policy. The reasons include:unclear goals, vague applicable scope, improper and mismatch policy measures, the conflicted interests, capacity limitations, ideological resistance of the executors, the interests conflict, inner resistance, and lack of faith of applicable objects on the executors, on-independence judiciary, lack of fund, and unsound procedural safeguards system, feedback and appraisal mechanism Based on the deviation performances and deviation reasons clarified respectively in chapter three and chapter four, chapter five puts forwards the coping strategies for implementation deviation. First, improve policy quality. Clarify the policy goals and applicable scope of the policy and stick to the legitimate policy measures. Second, improve policy executors. Improve the policy acceptance, mediation capacity, and the diversification mechanism of the executors. Third, give full play the active roles of the policy objects. Prevent speculative behaviors and false mediation and strive for the policy acceptance and cooperation of policy objects. Fourth, optimize policy environment. Practically realize judicial independence and guarantee the mediation funds. Four, set up effective monitoring mechanisms. Promulgate mediation procedural law, regulate mediation procedure, set up appraisal and feedback system of mediation cases, improve case quality appraisal system, and strengthen the supervision on the implementation executors.