The Operating Logic Of Court Mediation

Mediation means the judge of the Court as a neutral facilitator,prompting civil rights controversies of the parties on the basis of equality,voluntariness,resolve disputes,and litigation activities to reach agreement. Known in the Court mediation system in China from the change, mediation as a judicial character of the Court for a long time, but the debate about it has not stopped.Some scholars disapprove of court mediation, some scholars favour the Court’s mediation, to express their views and debate.Disagreed with the Court’s mediation of scholars believe that, in the course of judicial mediation is a manifestation of the rule because it is based on common sense and no procedures, on the basis of the application of conditional upon the judge’s personal charm.Argues in favour of court mediation continues, usefulness of court mediation in resolving the dispute, and the Court shall have the same value, is still the integral part of the rule of law, in line with the development trend of the rule of law,but there is no justification.This article is to borrow Bourdieu’s field theory description of court mediation in our mode of operation to make and, indirectly, the existence of the Court mediation system has its own rationality.Paper is divided into four chapters.The first chapter discusses the Bourdiu’s theory of field domain.This chapter includes the concept of Bourdiu’s field theory,features of Bourdiu’s field theory, the logic of operating of Bourdiu’s field theory and the vantage of Bourdiu’s field theory.The second chapter discusses the judges of court mediation. Because in the court mediation,the judges have important position.So just focus on how judges in the judicial field, how to become a judge, with what resources;After entering the field of justice by which discipline and limit, to analyze how the judges in court mediation orientation and strategy choice.Chapter III deals with court mediation under the theory of field parties.Introduced the parties which can leverage resources for conciliation and mediation strategies and techniques.The fourth chapter discusses the theory of field of court mediation lawyers.Lawyer who is assisting the parties, as well as profit;Has its own special interest, its strategy focusing on both parties ’ interests, and focus on their future career development.All in all, this article is the use of Bourdieu’s field theory, method actors in mediation(judges, litigants and lawyers) describes how policy options, and then launched in the judicial practice of courts mediation model is that the actors make areasonable choice results under specific conditions, with their legitimacy.