The Improvement Of The Theory Of Our Country Grass-Roots Court Mediation System

The court mediation in ancient times known as mediation, is a way to the court to settle disputes, is our country for thousands of years the use of traditional culture on the judicial, played a big role in solving civil dispute. It is convenient, efficient, flexible, has been praised by the world. Especially in the grass-roots court, as the judge a way of dealing with the civil dispute mediation have other way to settle disputes irreplaceable function, is a very precious wealth of the grass-roots court. At present, due to the flaws of the grass-roots court mediation system in our country itself, alienated and modern judicial system and the conflict between the traditional legal culture, make the grass-roots court mediation as easing contradiction, reduce the pressure of work, to create a means of job performance. With the continuous development of our country economy, people’s legal consciousness is generally improved, interest demands more and more diversified, coupled with the grass-roots court is faced with the problem of the judge’s overall quality needs to be improved, the judge in the process of hearing civil cases, appear from time to time delay "mediation", "" forced mediation, against the voluntary principle of the parties, and other issues. Grass-roots court is the judicial front, she dealt with most of the cases in our country, the basic-level society breeds social and cultural basis of the existence of court mediation, a protective barrier to the interests of the people, if not the grass-roots court mediation system exists in the tumor removal, the law will lose the trust of the people in the end. Therefore, it is necessary to analyze the present situation of the grass-roots court mediation system in our country at present stage and research, and in view of the problems of mediation system, actively looking for a series of effective measures, make the grass-roots court mediation system play a better role in dispute settlement mechanism.This article is divided into four parts mainly around the improvement of the grass-roots court mediation system.The first chapter the introduction part has been clear about the research object, research purpose, introduces the research status, research methods. This part puts forward to historical method, the method of empirical analysis, comparative analysis methods to analyze the consummation basic unit court mediation system of theoretical significance and practical significance, demonstrates the necessity of the court mediation in the grass-roots court.The second chapter and define the basic connotation, characteristics and properties of the court mediation system, compares the system of court mediation and other dispute resolution mechanisms, as well as the similarities and differences of and analyzes the basic social foundation of the existence of court mediation system in our country.The third chapter is based on analysis of the judicial practice in our country at the grass-roots level status and disadvantages of the existence of court mediation system.Proposed grass-roots court mediation system is lack of comprehensive legislation, mediation procedure irregularity, entity legal scope too narrow, the principle of "the facts clearly, distinguish between right and wrong" is inconsistent with nature of mediation and judicial practice, the court mediation, conciliation and delay phenomenon prominent subject not clear, lack of effective supervision mechanism, etc. in view of problems of the grass-roots court mediation system in our country analysis of macro and micro, subjective and objective four sorts of reasons at the same time.In the fourth chapter the deficiency existing in view of the grass-roots court mediation system perfecting Suggestions. Appropriately expand the scope of legal entity settlement agreement, both normative and flexibility of the conciliation proceedings, established in accordance with the parties apply for conciliation proceedings start mechanism, clear the grass-roots court mediation main body, to improve the procedures of the end of the court mediation system at the grass-roots level, perfect the internal operation mechanism of the grass-roots court mediation system.