Research On The Japanese Court Conciliation System

The Japanese court conciliation system refers to the system that impels the parties to negotiate in a way of negotiation and accommodation to resolve disputes after Japanese court accepting a case and delivering it to the mediation process according to the actual situation.As judicial Alternative Dispute Resolution(ADR),the system compensates the lack of efficiency,flexibility of the lawsuit procedure.Meanwhile,it can obtain more easily the trust and cooperation from parties because of its own judicial nature.In judicial practice,the system is not only conducive to resolve the disputes,reduce litigation costs and save the judicial resources,but also carries forward the "harmony" concept,focuses more on easing antagonism and repairing relationship of both sides in the dispute,promoting the harmony and stability of society besides distinguishing between right and wrong.In the study of civil ADR judicature,the Japanese conciliation system is often cited to compare or illustrate as a representative system.However,after reading the relevant literature,the author found that the research of Chinese scholars on the Japanese conciliation system only stays on the surface,not in-depth exploration,and even with some errors and omissions,which is a pity.With the development of the Japanese society,new types of disputes are increasing,and the court mediation system also develops,especially some of the new system(such as the civil mediation system,etc.)was introduced after the revision of "Civil Mediation Law" of Japan in 2003,which has a great effect on the court mediation starting standards and personnel composition.On the other hand,the Japanese scholars and judges highly regard the court mediation system and have done a lot of research based on the case in practice,the result of which is of some reference value.Therefore,through direct reading the original Japanese law and relevant cases and from the value idea and system design for Japanese conciliation system,the author comes up with a relatively comprehensive summary of the Japanese conciliation system according to the problems and corresponding countermeasures in practice combining with the criticism and thinking of Japanese scholars on the court mediation system.In addition,due to that the civil procedure in our country,it is the court mediation system in China corresponding to the Japanese conciliation system.So,the author makes a comparative analysis between the two on the basis of the above research,and put forward corresponding suggestions on our court mediation system combining with the Japanese conciliation system,hoping to provide reference for the improvement of our court mediation system,also hoping to benefit the theory and practice of the ADR research in future.This paper is divided into four parts and takes a view in four aspects: the overview of Japanese conciliation system,the principle and value analysis of Japanese conciliation system,the design and operation analysis of Japanese conciliation system,the inspiration on Chinese mediation system from Japanese conciliation system.The first part elaborates the concept,characteristics,history and status of Japanese conciliation system,and focuses on gradually improving revise trace of Japanese "Civil Mediation Law" after the implementation and its effect on the law.The second part analyzes the principle and value of the court mediation system in Japan,and summarizes the value orientation of the mediation system.The third part focuses on the design and operation of the Japanese conciliation system.Theoretically and combining with the Japanese judicial practice experience,it focuses on the problems found and solved by the Japanese scholars and judges in the process of studying the mediation system.It discusses the system design,operation mode and development process of court conciliation in four aspects: the conciliation case judgment standard,director of conciliation,the mediation process and the disputes arrangement in the conciliation system.The fourth part compares the Japanese court conciliation system and Chinese court mediation system.It clarifies the difference between the two,and combining with the design and operation mode of Japanese court conciliation system,it suggests specific proposals in scope,the main structure,system construction and other aspects of cases according to the deficiencies of our court mediation system,in order to explore new ways to improve the Chinese court mediation system.