The Research On Chinese Civil Litigation Mediation System

Since the construction of P.R. China, litigation mediation has been existing in China's judicial system as a solution of dispute. Litigation mediation plays an extremely important role in the judicial mediation system. The features of litigation mediation as simple, economical and rapid solution in disputes largely alleviate the limitation of judicial resources and caseloads of the involved parties. In fact, litigation mediation is a way to end the disputes by the court and the results at clients' disposal of their rights and mutual negotiation, with respecting to the autonomy will by the law, and embodying the exercises of their civil substantial rights in the procedure. However, with the transform of the modern society, litigation mediation has also exposed some problems gradually in the course of disputes solution, for example, no restrictions on rank litigation mediation, no restrictions on expiry time, mediation mandatory, mediation lasting for a long time, no balance mechanism on the malicious mediation, and usually under the conflicts between rights protection and parties'compromise and the temination of litigation, etc. All these problems are due to the disadvantages of design of the system itself. In order to improve the efficiencies and functions of litigation mediation in disputes resolution in China's civil litigation, the author suggestions that it is necessary to reform and to improve the current litigation mediation system.In this paper, we have a further discuss on both aspects of the drawbacks and countermeasures of domestic civil litigation mediation system basic on the civil litigation mediation system itself. There are four parts in this thesis. In part one, the concepts of mediation and civil litigation mediation are defined. Then, we discuss the natures and functions of civil litigation mediation, and later on, the evolution of civil litigation mediation system is reviewed and the superiorities of civil mediation are also generalized in this part. In part two, this paper points out various defects of civil litigation mediation system as examining current situation of civil mediation in China, and further analysis details are studied. In the third part, we suggest some experiences and countermeasures through the studying of some related litigation mediation systems in America, England, Japan, Germany and France. While in the last part, this paper comments some related studies on reforming pattern of civil mediation system, and then puts forward some opinions and suggestions in reform as improving domestic litigation mediation system, which as follows:the mediation should have a further separation from justice as the direction and future development of the litigation mediation system, and litigation mediation should be limited in the first stage of litigation procedure, while reconciliation system could be set up in the second stage or retrial stage of litigation procedure.