Difficulties And Outlet Of The Present Civil Judicial Mediation

Our country is in from traditional society to modern society,from the early stages of the socialist market economy to the development of socialist market economy transformation period.Transformation is not only an important period of strategic opportunities,development and social contradictions.Mediation according to the development of the rule of law in China,with its special advantage has become an important option for the dispute resolution,however due to the particularity of social change,society during this period of dispute shows the characteristics of new type and diversity,the traditional judicial mediation mechanism is insufficient to cope with,therefore,to establish and perfect the civil judicial mediation system is the current and future a period that resolve disputes in our country,promote social harmony of the important goals and tasks.This article will base on the origin and development of civil mediation system in our country and abroad new mediation system and judicial reform in our country to perfect the existing civil judicial mediation system put forward the corresponding countermeasures,hope can help to perfect the civil judicial mediation system.In addition to the introduction and conclusion,this paper will be divided into four parts:The first part,the summary of civil judicial mediation system.First,to define the connotation of the civil judicial mediation system,analyzing the characteristics of the civil judicial mediation system,introduces the extension of civil judicial mediation system in our country,there are mainly hosted by court judicial mediation and the court involved in the commission and confirm mediation;Second,traces the development of China’s civil judicial mediation system thoughts origin and development;Finally,introduces several typical foreign civil judicial mediation system.The second part,the realistic predicament of the Chinese civil judicial mediation system.First of all,introduce the current judicial mediation system of politics,economy,environment and development;Secondly,introduce the judicial mediation facing dilemma: mainly exist the voluntary interference of the parties,the judge neutrality blurred,mediation program flexibility advantage is difficult to reflect,concession XiSong inconsistent with rights protection four aspects.The third part,the ADR model reshape the analysis of the possibility of civil judicial mediation system.First of all,the author introduces the concept and development of judicial ADR and the typical model,compared with the traditional procedure,ADR dispute procedures,dispute settlement body,the referee basis and legal effect is different;Secondly,this paper introduces the function of judicial ADR: split case,easing conflicts resolving dispute,protect a substantive justice;Finally,analyze its feasibility in China: and corresponds to the Chinese culture,and corresponds to the harmonious society,help to alleviate the pressure of current court case,eliminate the disadvantages of the current court mediation,reducing the costs of the parties,but also to improve people’s judicial experience.The fourth part,ADR model as the main body of civil judicial mediation system to perfect the specific path.That how to build our country court mediation pattern: include ensuring that the constitutional rights of the parties,the relevant program cohesion,selected ADR activities of staff,improve the system of mediation before litigation,the neutral third party commissioned the construction of evaluation system,standardization of court mediation and the judicial confirmation process and the development of security measures to ensure the smooth operation of the judicial mediation before litigation.