China's Civil Lawsuit Mediation System's Perfection

Court mediation as an important way and a basic principle of civil procedure law in the trial of civil cases of the people's court,has been widely used in the judicial practice,is the crystallization of contemporary experience of the judicial system of our country,has played a positive role for our country's socialist construction and the maintenance of social stability.But with the establishment of market economy system and the construction of democratic development,some problems in the current mediation system has become increasingly prominent,and is not harmonious in the pursuit of the theme of justice and efficiency for China's current judicial reform process,the civil lawsuit mediation system of estoppel has certain defects,there are also the abuse of the right in the judicial practice.The first part of this article talks about the related theories of the system of Judicial Conciliation in civil litigation,and expounds the two theories respectively.The second part of the relevant legal provisions of our country's system were introduced in this paper,through the analysis of related cases of Party estoppel,and then pointed out the shortcomings and the harm caused by estoppel system.The third part discusses the necessity of the system of Estoppel in our country from four aspects.The fourth part introduces the relevant regulations of the United States,Germany,Japan,the United Kingdom and China's Taiwan region,and points out the parts that can be used for reference in our current system of estoppel.The fifth part puts forward some legislative suggestions to perfect the system of Judicial Conciliation in our country,so as to contribute to the progress of the rule of law construction in our country.