The Exercise Of A Judge's Clarifying Power In The Civil Lawsuit Mediation Of China

In the process of the civil lawsuit mediation, it is quite necessary for a judge to put his clarifying power into use timely and properly based on the fundamental principles of mediation, which ensures the active participation of both litigants and the subjective initiative during the mediation, and helps realize the spirit of value, "justice and efficiency" as well. However, if the power is ill used, we certainly will violate the mentioned principles, infringe upon the litigants'procedural rights, such as the right of equality, the right of disposition and the right of defending, then do harm to the litigants' entity right and deviate from the aim of the civil lawsuit in our country. Therefore, how a judge uses the clarify inpower timely and properly to ensure the litigants' rights of litigation in the ediation, realizing its aim in participating the mediation has both theoretical and practical meanings.The writer analyzed a judge to put his clarifying power into use in the process of the civil lawsuit mediation from 5 ways.The first part is the abstract of the clarifying power in the civil litigation. The writer, beginning with the lawsuit mediation and the concept of the clarifying power, introduced the clarifying power in the lawsuit mediation. Also the writer the qualities and characteristics, and then proceeded to the next step of proving the using of clarifying power in the mediation from the point of equal rights of the litigation in the mediation, spread of information, and efficiency of mediation.The second part describes the current state of the clarifying power usage in the lawsuit mediation. The rules of using it need to be found in practical use. From the point of the legislation and the usage of clarifying power, the writer found out the drawbacks of using it, and analyzed the reasons originated from traditions, system, and the judge, and proceeded to talk about the necessity of using clarifying power.The third part talks about the value of using the clarifying power in the litigation. Value is always the aim of human activities. Through the analyses of the structures of the civil litigation, the writer found out that the value of using clarifying power in the litigation lies in the insurance of proper law procedures and optimizing configuration of judicature resources.The fourth part talks about the relationships of using thclarifying power in the lawsuit mediation. The writer suggested that theclarifying poweralways confronts the litigants' rights of equality, punishment, debating etc. Consequently, coping with he relations of the rights in the litigation directly affects the results of the use of the litigation.The last part is about the rules of using the clarifying power in the lawsuit mediation. In order to arrange and systemize the clarifying power, concluded the rules of using the clarifying power from the principles, stages, limitations and skills of using the clarifying power.