On The Protection Of The Disposition Right In Mediation Of Civil Litigation

Mediation of civil action is an important part of the actual operation of the civil action,and the protection of the right of disposition is the key and difficult point in the mediation of civil procedure.It is the key,because of the civil lawsuit mediation this is judicial authority of the state and Party's right of disposition,national powers doctrine and adversary contradiction conflict focus and core of the,handled properly and not on the success or failure of the whole civil litigation mediation plays a basic role;say it is difficult,because in China as a popular pattern of authority doctrine of countries,the judicial authority of the state for a long time above on top of the party's right of disposition,the party's right of disposition is very difficult to get a full and thorough protection.The protection of the right to dispose of the civil action in our country must be a process that can be solved with the continuous development of economy and society and the constant renewal of ideas and concepts.And how to adjust and standardize the process,the author thinks that we can seek ideas from the following aspects:first straighten out the basic theory of civil lawsuit mediation system,to guarantee the right to dispose of the perspective of civil lawsuit mediation system's concept,nature,function,main body,the basic principle,guiding ideology and so on,so the chest Vals";secondly,the extensive reference world developed countries under the rule of law in the protection of civil litigation mediation disposition right ideas and specific measures,do" look up at the starry sky".Thirdly,based on the on the current situation and problems of China's civil lawsuit mediation guarantees the right to dispose of,in order to put forward suggestions,do" on the ground".Based on the above ideas,the main body of this paper is divided into four chapters.The first chapter introduced the basic theory of the civil lawsuit mediation system under the vision of the right to dispose of the protection,including the right to dispose of security from the perspective of civil lawsuit mediation system concept,nature,function,main body,the basic principle,guiding ideology and so on.The second chapter is the analysis of the current situation and problems of our country's civil lawsuit mediation system guarantees the right to dispose of,and covers the entity right of disposition and procedure right of disposition,"authority principle" the nominal right to dispose of,"mandatory mediation" damage the right of disposition,"adjust to review the combination of a violation of the right of disposition and dimensions.The third chapter is a comparative study on the problem of protection of the right to dispose of civil lawsuit mediation system and expound on Germany,the United States,Japan,France and other developed countries,world of law mediation system of the right to dispose of security problems,and comprehensive analysis and comparison.The fourth chapter is the right to dispose of civil lawsuit mediation system of safeguard measures,including implementation of the adversary model strengthen punishment right and proper implementation of the separation of mediation and trial mode to protect the right to dispose of,and gradually by the mediation to the transition of reconciliation,mediation and improve the quality of judges and other.