As an integral part of civil judicial proceedings,mediation has always played an important role,and the mediation rate of the grass-roots court is high.Since the provisions of the relevant laws and regulations brought about the high rate of mediation,the judge must be significant in the process of mediation at the same time,who performed a mediator and affected the development of cases directly.Judicial mediation,as a vital fashion,there is extraordinary superiority and function for dispute resolution in civil cases,and preference for judges naturally.On the basis of predecessors' research,this paper analyzes the institutional reasons,social factors and realistic considerations of judges' preference mediation in civil cases from the aspects of history and reality,parties and judges,and finds out many problems caused by the formation of this preference.These issues are targeted to regulate,to regulate the behavior of judges,so that judicial mediation can better resolve contradictions and disputes,and maintain social fairness and justice.The first chapter is the present situation of the judicial mediation.Illustrate the current situation and the negative impact of the high degree of mediation through a series of statistical data,and analyze the role of judge in mediation meanwhile.The second chapter is analyzing the institutional reasons of the judge's preferred mediation.Elaborating the function of the court,grasping the judicial mediation is one of the ways to realize the function of the court,and analyzing the influence of the evolution of the judicial mediation policy on the mediation of the judge's preference.The third chapter is analyzing the social factors that judges prefer mediation.From the cultural heritage,human society and the stability of the social factors needed to,analyzing the reason of the judicial mediation favored by the judge.The fourth chapter is analyzing the practical considerations of the judge 's preferred mediation.From the policy requirements,the parties accept and performance evaluation such as these real factors to analyze why the judge reality preferences for mediation.The fifth chapter is the reflections on the Conciliation of Judges' Preference.Although the judicial mediation can bring many benefits to the parties and the judges,there are still many problems,and social environmental factors can not be changed.Only by means of separating the negotiation to regulate the behavior of judges,improving the system and procedures,to provide suggest of making better use of the judicial mediation system to solve disputes. |