On China's Court Non-appeal Of The Construction Of The Mediation System

With the construction and development of harmonious socialist society in recent years, court's non-litigation mediation mechanism has been increasingly developed. There are lots of theoretical and practical problems to be studied and resolved, which the article goes to explore. The article is divided into four chapters, which are summarized as follows:Chapter one firstly gives a definition and clarifies the meaning of court's non-litigation mediation mechanism itself, comparing with relevant mechanism such as litigation settlement, litigation mediation, people's mediation, etc. And then the article explains the significance of the mechanism, which safeguards the greatest interest of the parties, protects the parties'rights to choose the program, and reduces the cost of resolution, which rationally allocates judicial resources, improves the court's ability to resolve disputes and maximizes the judicial efficiency, which also psychologically mitigates against the party, achieves convergence of court's proceeding and mediation as well as promotes social harmony and stability.Chapter two introduces the judicial practice of court's non-litigation mediation in foreign countries and in Taiwan District, through the comparison and research of court's non-litigation mediation mechanism between the civil law countries and common law countries, the mechanism takes its essence to its dregs, and learns from Compulsory Pre-pleading Mediation in Germany, Civil Mediation in Japan, Pre-pleading Mediation in Taiwan District, the Court-Annexed Mediation in America and Non-litigation Mediation in British, with the purpose of constructing a suitable mechanism for China.Chapter three gives an analysis of judicial interpretation in terms of court's non-litigation mediation mechanism by Supreme Court, including regulation of commissioned mediation and judicial confirmation, and also evaluates the practice of mechanism in Shanghai, Beijing, Guangdong and Gansu provinces, especially the typical representative modes of the mechanism such as the "Pre-pleading Mediation" of Shanghai Pudong District people's court, the "Pre-reconciliation" of Beijing Chaoyang District people's court, the "Conflict and Dispute Resolution System" of the second people's court in Guangdong Dongguan district, and the "Judicial Confirmation before litigation" in Dingxi intermediate people's court in Gansu Province. Chapter four analyzes the constructive principle of court's non-litigation mediation mechanism from the aspects of economic as well as of value and function, and try to construct and improve our current mechanism through ways of adjusting the specific system and improving assistant measure, with the purpose of playing a better mediating role.