On Rational Self-examination And Improving System Of Civil Litigation Mediate

Intermediation of lawsuit also called court intermediation means to solve the disputes between the two sides in a lawsuit under the host of judges on the basis of clients’ own will. It is one of the most important Chinese characteristic systems of civil case. This principle has been accepted as "the eastern experience" and used as reference by the western countries.Because of its intermediation advantage, it has received wide attention of many countries and regions. Due to cultural differences in social and historical laws, however, developed areas of the world have more scientifically rigorous regulations, which are worth learning from by us. There exist some shortcomings in our current civil lawsuit mediation system, which need to be improved, such as the unscientific principle of “Ascertaining the Facts & Discerning between Right and Wrong”, and it is not the same as “Clear Facts and Distinction between Right and Wrong”; and the latter one reflects the real meaning of Intermediation. Considering the deficiency of our Intermediation system, the third-party should be compensated when its benefits are assaulted by the two sides during the mediation. At present, the disadvantages of the combined mediation and trial have become increasingly obvious, which should be replaced by the separated mediation and trail which has been practiced in the advanced countries. Therefore, as a person engaged in legal work, facing legal flaws, practical chaotic and theoretical insufficiency, it is necessary to make a deeper research to the civil mediation systems using the methods of comparative analysis and historical analysis. And at the same time some suggestions will come up to perfect the systems.Except the introduction and the conclusion, this thesis consists of five chapters. The first chapter is about the general introduction of litigation mediation. The concepts of mediation and civil litigation mediation are defined and the natures、values and functions 、principles and drawbacks of civil litigation mediation will be discussed. The second chapter is on the reflection of the “Ascertaining the Facts & Discerning between Right and Wrong”. The relationship between it and Clear Facts and Distinction between Right and Wrong is analyzed in this part. The third chapter is the analysis of the current situation and the drawbacks about the third party infringement and what are the reasons. Chapter four is about the disadvantage analysis of our current combined mediation and trial pattern. Chapter five is my reform conception of Civil Lawsuit Mediation system. Based on all above, it puts forward some suggestions which aim at perfecting the emerged problems.