A Study On Commissioned Mediation System In Civil Action

Nowadays,when people have troubles,the first reaction is to protect their own rights through the law,which is caused by the sharp increase in litigation,but the cultivation of legal personnel,as well as the development of the judge system takes some time,so the current situation is more and more cases,but the number of cases that can be resolved through litigation is limited.As a result,most of disputes have not been resolved in a timely and effective manner.The power of litigation alone has been unable to solve the current predicament,demand to develop a variety of dispute resolution means at this moment is particularly inflated,resulting in a dispute to resolve the concept of alternative ways,non-litigation dispute resolution procedures.Commissioned by the mediation system is also used to resolve the dispute one of the ways,as one of the emerging alternative dispute solution,gradually into the people’s vision.Commissioned mediation in our country as a baby born,its meaning is generally defined as the parties to the court to resolve some of the disputes,through the parties to the application,or the court asked the consent of the parties,commissioned by third parties or individuals presided over the mediation of the parties system.The commission of the mediation system is characterized by its participation in the judicial power of the state,as well as the participation of the social forces,the two together,committed to the settlement of disputes,specifically in the mediation process mediation is the third party organization or individual,but in This process has the guidance and supervision of the court.There are many advantages of commission mediation,commission mediation can fundamentally solve the dispute of the parties,you can save the parties to resolve the dispute time,energy and cost,which can also be a reasonable allocation of judicial resources.The first mediation system established by the 2012 Civil Procedure Law brings new opportunities for the further development of commission mediation.But at present the legislative level and the national system level can not guarantee its operation in practice,in the course of the practice there are many adverse factors affecting the development of commissioned mediation system.The first chapter of this paper focuses on the basic concept of commissioning mediation and its characteristics.The first section starts from the analysis of the concept of commissioning mediation,combines the theory and the practice of the research,through the comparison and summarization of its basic concepts in-depth analysis of the theoretical circles of the different views of the commissioned mediation,through a profound analysis of the commission The purpose of the mediation system,the introduction of the characteristics of the commissioned mediation system,through comparison with other systems,reflecting the advantages and value of this system.The second section starts from the qualitative nature of the commissioned mediation.To analyze the nature of the commissioned mediation,to analyze the misunderstanding of the nature of the commissioned mediation system by the theoretical and practical circles.By analyzing the differences between the commissioned mediation system and the court mediation and the people’s mediation,it is concluded that the commissioned mediation system has quasi-Which is characterized by a quasi-judicial mediation system.The third section further analyzes the functions of the commissioned mediation,and examines the value of the system by examining the trial of the commissioned mediation in practice: improving the judicial effect,enhancing the judicial credibility and expanding the judicial democracy.After clarifying the basic concepts and characteristics of the commissioned mediation system,the second chapter analyzes the present situation and existingproblems of the commissioned mediation system in China through the study of the commissioned mediation system at the legislative level and the practical operation level.First of all,the author combined with the legislation,set up the commission of the existing system of the lack of legal basis for the system and the status quo.In addition,the author summarizes the experience of empirical research and research,and expounds the present situation of commissioned mediation system at the present stage.The second section mainly analyzes the shortcomings of the commissioned mediation system.The development of the commissioned mediation system in our country is slow,and the vacancy at the legislative level leads to the practice of operation,which is filled with all kinds of problems,and the purpose of commissioning the mediation system can not be realized.Therefore,the author first start from the legal basis,leads to this system is not the root cause of development.Then,through the concrete and comprehensive analysis,it shows the problems existing in the process of mediation and mediation,such as the lack of mediating the main body power and the chaos of the mediation procedure,and lay the foundation for the feasible improvement method.The practice of similar systems such as commissioned mediation system abroad is of reference for the perfect commission system in China.Therefore,the third chapter starts from the comparative law of commissioned mediation,analyzes the status quo of commissioned mediation system in Anglo-American law system and civil law system,compares and analyzes the characteristics of commissioning mediation system,analyzes the commission mediation system in practice The existence of specific problems,to improve China’s commissioned mediation system provides a lot of good methods and ideas.Finally,based on the above-mentioned in-depth analysis and reference factors,combined with the basic theory and principles of China’s civil procedure law.On the improvement and development of commissioned mediation system put forward some of their own shallow views and crude recommendations.Chapter 1 establishes the principle of commissioned mediation system.The core principle of thecommissioned mediation system is embodied in the voluntary nature of the parties,and should focus on the voluntary nature of the parties and establish the fundamental core principle of the commissioned mediation system.In addition,the principle of timely mediation and the principle of mediation and secrecy are used as the basic needs of comparative reference and civil mediation system.The author also analyzes and puts forward the corresponding suggestions on system setting.The second section starts from the specific program design,from the start of the commissioned mediation,the scope of the applicable case,the relevant subject person,the period of the procedure,the better connection with the litigation procedure and the judicial confirmation of the mediation agreement Their own suggestions and institutional ideas,and commissioned the operation of the mediation system to make a detailed analysis of the operability.In summary,this paper begins with the concept,clear what is the commission of the mediation system.Secondly,it analyzes the nature of the system from its concept,and then clarifies the characteristics and functions of the system,and explains the rationality,necessity and advantage of its existence.And then combined with the trial of the system in practice,the analysis of the system in the practice of the problems faced,the legal level of the blank,academic level of the contradictions,the practice level is not uniform.And then through the comparative study of the system or similar to the system in other countries in the development of the situation,for the development and improvement of the commission system to provide a reference to the factors.Finally,the author puts forward the feasible arrangement of this system,which provides a solid foundation and practical implementation plan for the diversified dispute resolution mechanism: the healthy development and perfection of the commission mediation mechanism.