Research On Standardization Of Court Mediation

The court mediation system is an important legal system in our country. By the court mediation civil disputes can be solved cheaply and efficiently. Because the mediation agreement is reached voluntarily, it can usually be consciously performed. This can effectively alleviate the problem of “difficult to execute”. In the context of building a harmonious society, the court mediation is especially favored by all the various strata of society. However, because of some misunderstandings, many people are too superstitious to court mediation, In the judicial practice circle once appeared “Mediation fever”, some places even appeared a strange phenomenon of “zero judgment”. Phenomena of compulsive mediation, long mediation without judgment, mandatory mediation, or even malicious mediation often occur. This seriously damaged the interests of the parties, reduced the social credibility of justice. In background of times of building a socialist country ruled by law today, this phenomenon must be pondered. I hope that through this paper writing I can beneficially explore on the standardization of the court mediation. Standardization of the court mediation, is the problem of institutionalization, legalization of court mediate on the implementation of the rule of law background in our country. I hope that China’s court mediation system can be improved in legal unceasingly perfection of today.This is the motive of writing this paper. The full text is divided into seven chapters, more than twenty-two thousand words. The abstracts of each chapter are as follows:The first chapter Introduction. This chapter mainly introduce academic background, research status and research significance of this research, and its topic origin, innovation and structure arrangement.The second chapter Definition of standardization.of the court mediation.The people’s Court of court mediation is an important way of closing manner. The court mediation, refers to the litigation activities in the civil litigation,in which the parties presided by court judges reach agreements on the civil rights and obligations between dispute voluntarily through consultation and dispute. The court mediation has three characteristics:First, it is a system based on the party’s right of disposition to solve a dispute. Second, it belongs to the mediation in lawsuit. Third, it has convenient and flexible external manifestation. The nature of court mediation is based on the trial and punishment, has dual attributes. The value of court mediation is mainly reflected in the free and equal value, justice value, benefit value, the order value and the value of democracy. Standardization of the court mediation, includes changes of the basic concept, system,procedures and basic methods of the court mediation which is adjusted according to the social situation by law,Standardization of court mediation has its legitimate, complexity and social characteristics. The meaning of standardization of court mediation has its rich specification. In order to accurately understand of the meaning of the court mediation standardization,we should proceed from the court mediation and other legislation, supervision and law enforcement. According to the function, nature and function of the court mediation standardization, standardization will be divided into court mediation system standardization and standardization of the implementation of the court mediation, and standardization of management and supervision of the court mediation, namely “three system of court mediation standardization”. Standardization of system of court mediation system includes the Court Mediation Legislation and its realization path of standardization, Executive system standardization includes standardization of mediation subject, standardization of the mediation process mediation agreement and standardization of mediation method and standardization of technology. Normalization of management and supervision of the court mediation includes the standardization of the management and standardization of supervision of court mediation.The third chapter Investigation of extraterritorial related systems and their standardization and its enlightenment. USA, Britain, Germany,Japan each has such related systems as court annexed mediation, mediation system and the litigation settlement system.Through study of relevant systems for these countries, we can get the inspiration as follows: More attention should be paid to the mediation and the lawsuit reconciliation in resolving civil disputes. Mediation’s standardization has become an irresistible trend in the world today, mediation management is also very important for improving mediation work and improving the mediation quality,so it should be paid more attention to.The fourth chapter: Actual performances of court mediation’s lack of standardization.The system of court mediation legislative system has following problems: national departmentalism has become the guiding ideology of legislation, court mediation legislation seriously lags behind, “ the court mediation principle” of the basic principles of civil litigation is inappropriate, the basic principle of court mediation,that is, “finding out the facts and clearly defining the responsibilities” is not scientific. Problems of the court mediation execution system mainly has following problems: Specialized mediation agencies have not been established, conciliation procedure is not standard, the voluntary principle of mediation can be evaded, malicious mediation anomie seriously, Shortcomings of court mediation management and supervision is mainly manifested in the following aspects: the management of court mediation is not scientific, the supervision system of mediation is not perfect.All of these problems of the court mediation have seriously restricted the functions and roles of the court mediation, standardization of court mediation is imperative.The fifth chapter The idea of the court mediation standardization. In view of the court mediation problems, we should take the corresponding measures so as to realize the standardization of court mediation. On the standardization of court mediation system, we should take measures in four aspects, that is, the establishment of “legislative people-oriented” guiding ideology, strengthen the legislative work of the court mediation, cancelling “court mediation principle” of the basic principles of civil litigation status, cancelling the court mediation principle of “check the facts, to distinguish responsibility clearly”. In order to realize standardization of the court mediation execution system we should mainly take the following four measures: setting up specific organization of mediation, constructing standard court mediation procedure, establishing the guarantee mechanism of voluntary mediation, preventing and regulating of the malicious mediation. In order to standardizing the court mediation system of management and supervision, we should manly take the following two measures: One is to realize the scientific management of court mediation, the second is to perfect the court mediation procuratorial supervision mechanism.