System Of Mediation And Conciliation Commission Trial Separation Perspective

Since the 1980 s,due to the global trend of the ADR,driven by the rapid development of countries in the mediation commission.Run commissioned mediation system so that the role of judges and mediators were separated,the judge effectively avoid interference or prejudice the rights of the parties to ensure the voluntary nature of mediation is to "tune sentence with" mode to "tune trial separation" paradigm shift the embodiment of the proceedings in favor of a balanced and achieve justice.Therefore,in tune trial separation vision science to build trust and improve the system of mediation,conciliation should realize the value and function,but to build a diversified dispute settlement mechanism is very important issue.From the judicial practice seen in recent years,commissioned extensive use of mediation in the country.However,due to lack of legal norms conciliation commission,and there are some problems on the theory and operation of controversy,making the development of stretched commissioned Mediation System.The process of writing this article,select the Hangzhou West Lake District Court,the Court of Pudong New Area,Shanghai,Changzhou City Clock Tower District Court and other courts as samples,supported by comparative research and normative analysis,that the current commission mediation system exposed many shortcomings,mainly in the following aspects: the lack of conciliation commission system of legal norms,the lack of a unified commission mediation practice guidance;mediation body entrusted with the narrow scope of the case,make less use of delegate mediation system;conciliation commission programming confusion is not conducive protect the rights and interests of the parties;lack of supporting conciliation commission safeguard mechanism,can not guarantee its good long-term run.To solve these problems exist commissioned mediation system,I believe should be established under the dispute settlement mechanism of diversified background to "tune trial separation" for the orientation of the mediation commission for further reform and improve the system to make it more reasonable and scientific.Realize it may be clearly entrusted principle of mediation,conciliation body entrusted with defining the scope of the case,the basic optimization conciliation commission procedures,mediation and litigation commissioned seamless,comprehensive protection mechanism commission mediation,commissioned in order to effectively play function mediation system.