On Our Country’s Specially Invited Mediation System

Special conciliation system in come into force as of July 1,2016 the supreme people’s court on the regulation of Special conciliation system has established,substitute for the supreme people’s court on some issues of the people’s court civil mediation work regulations entrust mediation and confirmed in the practice of the existing accreditation system of conciliation consolidation for guest.The special invitation mediation system should belong to the quasi-judicial mode in the dispute settlement system,which means that the dispute should be settled by judicial power and civil power and joint action.In the absence of legislation,the special invitation mediation system has been tried in ancient China.With the change of dynasties.Today’s guest mediation system to run the program is divided into a case before the appointed commissioned after the conciliation,mediation and filed under different mediation way and specifies program operation effectiveness and the result of the conciliation and did not reach agreement of mediation program flow way.There are still many problems in the system structure of the special invitation mediation system.Among them,is the special invitation mediation system located in accordance with the people’s mediation and the court’s attached mediation function,or is it complementary and the system function is not crossed? How should the cost of the operating costs between the state and the parties be allocated,and how should the costs be allocated between the parties? In order to improve the efficiency of dispute settlement,to divide the trial pressure of the court and guarantee the basic rights of the parties,how should the connection procedures of litigation and mediation be structured? In the case of the case,is it to settle the dispute resolution mechanism of the high-end case or to the scope of the people’s mediation and court mediation? Both are issues that need to be addressed in the guest mediation process.The purpose of this article is to propose Suggestions for the development of the special invitation mediation system.Excepting the introduction,references and acknowledgements,this paper is composed of five parts:The first part is the historical evolution of our special invitation mediation system.Based on the special mediation system in our country historical perspective,in order to explore the development of special mediation system in our country,"with history as a mirror" review today invited mediation system in our country.The second part is the status quo of our special invitation mediation system.Including basic theory research,operation procedure research and system operation cost research,the current situation of the special invitation mediation system in our country is not involved in subjective color,objectively presented.Provide a blueprint for analyzing and solving problems.The third part is the existing problems of our special guest mediation system.Including the cost,the scope of the case,the connection between the mediation procedure and the procedure,the problem of cost allocation and the lack of supervision mechanism.In order to solve the problems and improve the direction of the system in order to be targeted.The fourth part is the reason for the problem of our special invitation mediation system.The cost problem is due to the inaccuracy of the system positioning.The scope of applicable cases is not clear because of the system positioning problem,and the system extension is too large.The lack of supervision mechanism is due to the lack of the supervision mechanism of the court and the procuratorate,and the possibility of self-supervision of the special conciliation agencies is ruled out.The connection between litigation and mediation is because of the ambiguous relationship between the mediation organization and the court.The fifth part is the development prospect of our special invitation mediation system.In the analysis problem,problem-solving ideas put forward to determine the guest mediation system cost allocation,refine v.the bridging program,clear case scope of application and supervision of the main body,and the perspective of comparative law to learn from outside the system to improve good guest mediation system in our country.