Review And Reconstruct Of The Court-attached Mediation System In China From The Perspective Of Social Justice

The theoretical basis is of great significance to the construction of court-attached mediation,it is not enough to study the relevant legal provisions of the court-attached mediation.There is a lack of systematic regulation on the court-attached mediation in Chinese law,and the definition and application of the court-attached mediation are controversial.For example,some scholars think that entrusted mediation does not belong to the court-attached mediation,some others think that the court-attached mediation includes appointed mediation and entrusted mediation.In the application,the validity determination of mediation agreement is also hindered in the court-attached mediation.Theory about social justice is helpful to clarify the nature of the court-attached mediation attached,and define it,which is the focus of this paper.On the basis of the theoretical framework,this paper studies the current situation of the practice and foreign experience of the court-attached mediation,so as to promote the system construction of the court-attached mediation.There are various forms of social justice,and its development is continuous.It focuses on the flexible resolution of disputes in the field of social governance,and can make up for social relationships and educate social individuals in the process of dispute resolution,thereby further preventing disputes.National judiciary guarantees that individuals in the same legal system are equally bound by the law with its compulsory means and standardized procedural rules.However,the lag of national judicial change,the limitation of the application of rules,and the lack of social supporting facilities have made the issue of "litigation pressure" gradually appear.National justice recognizes the importance of applying the advantages of social justice,proactively innovates the national judicial dispute resolution model,integrates the social judicial mediation function with the national judicial adjudication function,and uses the national judicial power to provide a powerful role for social justice in the field of national governance.Social justice infiltrates the national justice,not only can be a "good medicine" to relieve the pressure of litigation,but also help to achieve "comprehensive justice".Due to the simplicity of the mediation process and the arbitrariness of mediation,the main manifestation of the court's introduction of ADR in China is the the court-attached mediation.Court-attached mediation is the socialization of national justice,which is based on the concept of national justice and uses social justice as tool.Not all mediations in court are court-attached mediations.Court-attached mediations should have the dual innovation of dispute resolution subject and dispute resolution form.In court-attached mediation,efforts should be made to avoid excessive interference by the national judicial power,leaving enough space for social justice is important,at the same time,the national judicial power should make sure the court-attached mediation is effective from the perspectives of mediator management,social suit-making institution and effectiveness guarantee procedure.In the court-attached mediation,the social judicial subject realizes a change from active to passive,and higher professionalism is required.After reviewing the theory of court-attached mediation,improving the application of the court-attached mediation,avoiding hard registration and making the court-attached mediation intelligent and convenient should be considered.Combining with the actual practice status of court-attached mediation,and the typical experience of court-attached mediation in the United States,Japan,the expansion of protection function by using national judicial power,perfecting the management system of the mediators and the use of artificial intelligence technology can be valid.At the same time,they can promote the systematized construction of the court-attached mediation system in China.