| In the process of civil litigation,the court mediation procedure always plays an important role in the trial of civil cases by the people’s court.As a form of mediation,court mediation can effectively resolve civil disputes and is indispensable.But in the court’s practice,because of the defects of the court mediation mechanism,the trial performance of the court and the judge,the uneven quality of the judge,the corruption of the judge and the perversion of the law,the improper mediation of the judge has been brought about.A series of bad behaviors of improper mediation by judges have gradually become factors that infringe on the legitimate rights and interests of the parties,damage the judicial justice of the court and disturb the legal order.Therefore,it is an urgent task to explore the methods and Countermeasures to regulate the improper mediation by judges.At present,there is a lack of research on the issue of improper mediation of judges in civil litigation in China.This article will define the concept of improper mediation by judges,show the performance of improper mediation by judges,analyze the harm of improper mediation by judges and the causes of improper mediation by judges,and then put forward some countermeasures to regulate improper mediation by judges.In order to further regulate the mediation behavior of judges and promote judicial practice,and provide theoretical reference for the fair trial of the court.On the premise of admitting that there is improper mediation by judges,this paper is composed of the following three parts:The first part explains the concept of mediation and court judge mediation,and analyzes the concepts of improper mediation and malicious litigation,improper mediation and false litigation.The second part,from the three aspects of the performance,harm and cause of the judge’s improper mediation,analyzes the judge’s improper mediation,which destroys the legal system of the country,the judicial fairness and justice of the society,and seriously damages the judicial credibility of the country.It makes the civil disputes that can be quickly mediated and closed for a long time,and directly or indirectly causes incalculable damage to the legitimate rights and interests of the parties Harm.The third part,drawing on the study of some excellent literature such as the works and periodical papers of some scholars and experts of civil procedure law,puts forward the Countermeasures of regulating the improper mediation of judges in the current judicial practice of our country.At the personal level of judges,the constructive proposal is to create a disciplinary mechanism for malicious mediation of the court;at the internal management level of the court,improve the management system of the court. |
