On The Court Mediation In China From The Perspective Of Jurisprudence

The mediation by the court is an important part of Chinese litigation system.The perfection of it is of great significance to resolving contradictions,settling disputes,reducing the burden of litigations,protecting the legal rights and interests of the plaintiff and defendant,and realizing the substantive justice of justice.With the further deepening of judicial reform,The mediation by the court of "integration of mediation and trial" in our country has exposed many problems,such as compulsory mediation,pressure mediation by adjudication,mediation by procrastination and so on.These problems make it difficult for mediation to maximize its advantages,and also affect the legal process of our country.The article will take the historical origin of court mediation as the breakthrough point and combine the court mediation system of our country with the social practice of our country,to deeply analyze the value structure and legitimacy foundation of court mediation system and the root causes of the problems of court mediation system in China under the mode of "integration of mediation and trial".on the basis of the legitimacy of the existing value structure,the article also discussed how we can make the best use of court mediation and litigation judgment,and analyzed the best way to improve the mediation system.The article is divided into three parts.The first part is based on the historical development and social changes.It analyses the jurisprudence structure of Chinese mediation by the court in different times and establishes the context of localization of this system.The second part is to deeply analyze the value composition and legitimate basis of the current court mediation system under the influence of history,and to analyze and discuss the concept of the current court mediation system.The third part lists several key points to improve the court mediation system,analyses the possibility of "moderate separation of mediation and trial",and further clarifies the direction of the development of court mediation system.