Study Of The High Execution Rate Of Court Civil Mediation

The original intention for the legislation of court civil mediation is to lessen the litigation exhaustion,reduce the burdens of involved parties and court,and save the judicial resources with the comparative advantages of civil mediation.As the country strongly advocates "mediation in priority and combining mediation and judgment",the lawsuit settlement by civil mediation is highly recognized by the court.Mediation even becomes the first choice for court to settle a lawsuit,and the mediation rate is taken as the judgment criterion for advanced courts.However,in the judicial practice,the ratio of settled lawsuits by mediation entering into the execution procedure is higher and higher.It is the full deviation from the country's original intention to set up civil mediation system and strongly advocate the lawsuit settlement by mediation,and thus damages the judicial authority.Although the NPC Standing Committee passed the new Civil Procedure Law of the People's Republic of China(hereinafter referred to as Civil Procedure Law)in 2012,making further improvement to the civil mediation system,there are still some loopholes;also the judges prefer settlement by mediation,so alienation appears in the civil mediation.Therefore,China should find out the corresponding countermeasures combining practice,to make the mediation procedure back on its correct track.