Study On Judicial Mediation System Under The Extensive Mediation

Under the background of the new era,the special nature of contradictions and disputes during the transition period of society and the current low self-dispelling ability to resolve disputes have made social governance a greater need for the judicial mediation system.The development of the judicial mediation system experienced a period of sluggishness and marginalization at the beginning of this century,and it has rebounded greatly in recent years.In some places,there has been excessive emphasis on the judicial transfer,linking the mediation rate with the performance of judges,and even the appearance of the “zero judgment” contest.This has led many grassroots courts across the country to introduce this model and develop the judicial mediation system one after another.Entered an irrational state.This phenomenon has once again triggered the academic community to begin extensive discussion of judicial mediation.The value of judicial mediation must not be discarded,and its value must first be rationally evaluated.It is not only the innovation of the traditional mediation system in the construction of the rule of law and civilization,but also the reflection and extension of the traditional legal culture in the contemporary judicial system.Judicial mediation has higher efficiency,and it is a diversion of litigation cases;under the pattern of big mediation,the relationship between judicial mediation,people's mediation,and administrative mediation is handled well to allow them to coordinate with each other,and the resolution of disputes is further diverted..At the same time,as one of the important ways of social governance,it adheres to the diversified development ideas and fully mobilizes all parties involved in dispute resolution,especially to bring into the self-destructive effect in resolving contradictions and disputes.The design of the system must properly handle the relationship between trial and mediation.Problems such as inefficiency and malicious mediation in the mediation process should also be resolved;more guidance and regulation should begiven to the work of judges,especially young judges.In modern Europe and the United States,there are emerging phenomena of alternative dispute resolution and diversified dispute resolution mechanisms.The basic principles and operating mechanisms of the Chinese judicial mediation system have been applied in these countries and regions.For local institutional experience,we should combine it with the social development of the new era so that it can play a greater functional value.We should adhere to the principle of regularity and voluntariness and coordinate fair and efficient relations.On the improvement of specific systems,systematic research on countermeasures will be conducted by combining the specific types of cases;fully mobilizing the enthusiasm of the people's jurors or grass-roots organization staff so that they can truly embody values in mediation;and establish and improve supervision in practice.Afterwards,a series of supporting mechanisms,such as evaluation,compensation,and punishment,were adopted.