On The Improvement Of The Lawyer Mediation System In The New Era

As a new mechanism in the large mediation system,lawyer mediation is still in the initial trial stage in China,and it needs to be continuously tested and perfected injudicial practice.This paper studies the improvement of the lawyer's mediation system by using comparative research methods,historical research methods,empirical research methods,literature research methods and empirical summarization methods.The first chapter of the thesis firstly dialectically analyzes the lawyer's mediation system from the basic principle level.By clarifying the two basic concepts of lawyers and mediation,it is pointed out that lawyer mediation is not simply a superposition of"lawyers + mediation",and it passes the four majors.Compared with the traditional mediation methods,the advantages of lawyer mediation are summarized,which reflects the value considerations of lawyers'mediation system at different levels.The second chapter of this thesis mainly examines the foreign lawyers'mediation system,and studies the lawyers' mediation system in the Anglo-American countries represented by the United Kingdom and the United States and the lawyers' mediation system in the civil law countries represented by Germany,France and Japan.A comprehensive summary of the main similarities and differences between the systems and models of "lawyers' mediation" in countries and regions of the Anglo-American legal system and civil law countries and regions.The third chapter of this thesis starts with the lawyer mediation system that is currently being piloted in China.Firstly,it explains the process and basis of establishing the lawyer mediation system in China.Secondly,the overall requirements and operation mode of the lawyer mediation system in the pilot process are the starting point.Summarize the core issues that are gradually exposed and theoretically studied and solved in the pilot work of lawyers' mediation in the new era.The last chapter of this paper puts forward the realistic path of perfecting the social media lawyers' mediation system with Chinese characteristics,and points out that lawyers' mediation should legislate the lawyers' mediation system and the results obtained by the pilot through legislation.At the same time,some common problems in practice,such as the construction of lawyers' mediators,the working procedures of lawyers' mediation,the legal effects of lawyers' mediation,and the general enthusiasm of lawyers in the theoretical and practical circles,the interest-oriented conflicts,management supervision mechanisms Unsound and other issues have proposed corresponding solutions.This paper mainly solves two key problems:First,through the introduction of foreign lawyers' mediation system,combined with China's actual situation,defines the nature of China's lawyer mediation system,and compares it with other mediation methods.Second,according to the definition of the entire institutional environment,propose a path to improve the socialist lawyers' mediation system with Chinese characteristics in the new era.These two issues are also the innovations of this paper.