Research On The "Separation Of Mediation And Trial" Mode In Civil Litigation In My Country

China has always implemented the "integration of mediation and trial" model.Mediation and trial as a method for courts to resolve disputes not only save litigation costs,improve litigation efficiency,but also help maintain the relationship between parties and create a harmonious judicial environment.However,the structure of mediation and trial procedures,the differences in legal principles,and the conflicting roles of judges make the parties’ consensus unavailable under the "mediation and trial unity" model,the voluntariness of mediation cannot be implemented,and the "regulation by judgment" issues have become increasingly apparent.The theories world and the practice world have begun to explore the separation of mediation and trial.The 2016 Opinions of the Supreme People’s Court on the People’s Court’s Further Deepening the Reform of Diversified Dispute Resolution Mechanism stipulated that mediation should be properly separated from adjudications,establish a mechanism for the proper separation of case mediation and adjudications in terms of personnel and procedures,and invite special mediation and court full-time mediation Staff and other systems made relevant provisions.In addition,local courts actively explored the "separation of mediation and trial" model,and provided useful experience for theoretical development.However,China’s current "separation of investigations and trials" system is still in the preliminary exploration stage,and a complete and systematic legal requirement has not yet been formed.Many problems arising under the mode of "integration of investigations and trials" still exist.In view of this,this article mainly analyzes the problems existing in the "integration of mediation and trial" model,thereby demonstrating the need for further separation of mediation and trial,and at the same time proposes the reform path of "separation of mediation and trial" by drawing on relevant systems in other countries and regions.In order to better protect the voluntariness of the parties to the dispute,clarify the function and positioning of the court,and improve the "integration of mediation and trial" model of our courts.This article is based on the introduction,the historical changes of the relationship between China’s civil litigation and trial,the problems existing in the mode of "integration of trials and trials" in China’s civil litigation,the value and related exploration of the "separation of trials and trials" system in China’s civil litigation,and the "separation of trials and trials".It consists of seven parts:extra-territorial study of the model,suggestions for further improvement of the "separation of investigation and review" model,and conclusion.The first part of the text mainly analyzes the historical changes of the relationship between mediation and trial from the revolutionary base period to the present.The relationship between mediation and trial in the Revolutionary Base Period was the combination of mediation and trial,and mediation and trial were not distinguished.Judges were mediation and sentencing.The typical method was "Ma Xiwu Trial Mode".After the founding of the People’s Republic of China,the relationship between mediation and trials experienced six stages of development: the first stage is mainly mediation and supplemented by trials;the second stage is focused on mediation and trial supplementation;the third stage is voluntary mediation and both trials and trials are emphasized;the fourth stage is the rise of the judgment,the heavy judgment is the slightest tune;the fifth stage is the revival of the mediation,the judgment is sidelined;the sixth stage is the mediation reconstruction.Finally,it is concluded that the commonality of the mediation and review relationship in different periods in China is that the mediation and the trial are the same,and the mediation and the trial are united.The second part summarizes the shortcomings of the "integration of trials and trials" model by analyzing the current application of the "integration of trials and trials" model in litigation practice to show the necessity of the "separation of trials and trials" model in China’s civil litigation.The research on the mode of “separation of investigation and review” lays the foundation.The third part starts from two levels of theoretical exploration and practical exploration.It introduces several theoretical theories of mediation and trial relations in China and analyzes the judicial practice of the "separation of mediation and trial" model in China.The problems existing in the mediation system paved the way for further discussions on China’s "separation of mediation and trial" approach.The fourth part briefly introduces the court mediation system in the United States,Japan,Germany and other countries,compares it with China’s civil litigationmediation system,and improves the "separation of mediation and trial" system in China by learning and drawing on useful experience.The fifth part is based on the summary of the existing problems in the "separation of mediation and review" model in China,learning from the relevant foreign systems,and put forward suggestions for further implementation of the "separation of mediation and review" model in terms of legislative improvement and system construction.