Research On The Problems And Solutions Of Court Mediation Rate Assessment

The "mediation rate" index is the reference value for evaluating the trial effect in the court case quality evaluation system.It is widely used in the evaluation work within the court system and has become the main index for the internal evaluation of the judicial organs.Because some courts cannot set the "mediation rate" index scientifically and reasonably according to their own actual conditions,this has directly led to the decline in the quality of mediation cases,the increased pressure on judges to try,and the difficulties of execution,as well as the problems related to complaints,letters and visits,and so on.To the mediation work of the judicial organ causes the misconception on the idea.Taking the"mediation rate" index in the court case quality evaluation system as the research object,this paper analyzes in detail the problems existing in the evaluation of the court "mediation rate",and puts forward the ways to solve the problems existing in the "mediation rate" assessment.In essence,the phenomenon of incompatibility between the examination of mediation rate and trial practice is changed.The structure of this paper is divided into three parts:the first part summarizes the "mediation rate"index assessment in the court case quality evaluation system from the theoretical level,analyzes the connotation of the case quality evaluation system,the positioning and function of the assessment mechanism.This paper explains the meaning of "mediation rate" index assessment,its value in the case quality evaluation system and the dispute as court assessment,which provides theoretical guidance for the subsequent argumentation and analysis.The second part has made the comprehensive analysis to the court "mediation rate" the index appraisal existence question,has analyzed the "mediation rate" the index to the court trial work the malpractice.The paper analyzes the causes of the problems in the evaluation of the "mediation rate" and the difficulties in the execution of the mediation cases,and takes the problems in the assessment of the "mediation rate" for the problems of the petition and the implementation of the mediation cases as the positioning points.This paper analyzes the causes of these problems,and points out the necessity of constructing the "mediation rate" index in the court case quality evaluation system.The third part analyzes the importance of "mediation rate" in the evaluation system of case quality from the angle of judicial practice.This paper puts forward some solutions to the problems existing in the assessment of "mediation rate":drawing lessons from the performance appraisal system of foreign courts and judges,optimizing the evaluation index of "mediation rate" in the case quality evaluation system.To establish a supporting system linking the index of "mediation rate"with the procedure of petition and execution,and to establish a pluralistic mediation mechanism.