On Separation Systems Of The Mediation And Trial In Civil Cases

This paper takes the separation system of mediation and trial in civil cases as the theme to study, comparing the actualities of mediation system and these judiciary practices and analyzing the cases on the relations between the mediation and trial in Chinese Court to emphasize the necessity of the separation of the mediation and trial. Then taking those legislation cases which happened in those concerned countries and districts into consideration and presenting the different patterns of the separation systems of the mediation and trial in the practice of legislation. Base upon this, writer analyzes the different point of views in the realm of Law and brings out his opinions.The whole paper is divided into four chapters.The chapter one is about analyzing of conception and definition of the study on the theme. Firstly, trying to make a definition of the Court Mediation by analyzing the connotation of the court mediation from the relationships between the meditations system and litigation, court, and judge; Secondly, analyzing the differences and relations between the court mediation and trial, to point out the differences in character and restrictions on the procedures and entities between the mediation and trial; finally, classifying the category of this concerned theme's.The chapter two is analyzing concerned regulations and practices. On analyzing regulations, this article using the concerned principles of mediation as the key line to conclude the basic rules of the system of mediation. Base upon the concluding and embodying the concerned flexible regulations of the currently mediation, the article presenting the independent value of the mediation which is different from the trial procedure.On the practice, writer concludes the currently measures and problems of mediation in China's judicatory practices since 2004 by...