The Study On The Factors Affecting Of The Relationship Between Trial And Mediation

The relationship between court meditation and judgment is the fundamental issue in theory and practice of civil lawsuit. The history of Chinese civil action, in a sense, is the past records of the changing relation of mediation and trial. Court mediation has experienced the tortuous development of the negation of negation in China, showing a "U" shaped trajectory. in the process of evolution of the relationship of the mediation and trial,the purpose, subject of litigation and judicial policy has an important impact on the relationship of the mediation and trial,the future direction of relationship of the mediation and trial will be based on the adjustments of the three factors.The purpose of litigation possess " premising position" in the basic theory of civil litigation system, so that it can play an important role in guiding the construction of basic theory and the specific design of civil litigation system. he relationship of mediation and trial will be in different forms with different purpose of civil lawsuit.Protection of the rights and dispute resolution are the two basic purpose of civil litigation, different positioning of the two determines the relationship between the different forms of the relationship of the mediation and trial.Resolution the dispute are all the common goal of the all mode of dispute resolution, resolving disputes is intended to protect the rights of the parties.So the civil procedure should be inclined more to effectively protect the legitimate rights and interests of the parties in the way of judgment.The subject of litigation is the main participants, initiator and promoter of civil litigation, and the judge also shouldering the responsibility of advancing and conducting the lawsuit,their choice based on their own interests can affect the location of the relation between trail and mediation as well.So,the program of the dominant position of the parties should be respected,the right to choose program and disposition should be effectively protected.Justice policy possess special statue and play a distinct role in the process of civil trail. Not only can it influence the relationship of trail and mediation, but also can affect the establishment of the purpose of civil litigation and the choice of subject of the trial, making a "double impact". However, the flexibility of the justice policy make the relationship of the mediation and trial in an unstable state.Therefore,we should weaken the position of judicial policy, by emphasizing the role of law to reduce the impact of judicial policy.The relationship between civil trail and mediation in the history of Chinese civil action,rendering complexity, variability and repeatability characteristics.However, we can be sure that the future of the relationship of the mediation and trial will be multi- line,with the china’s market economy continues to mature and the degree of the rule of law increasing, the core of the civil jurisdiction of judgment run system will be gradually formed.