On The Value And Function Of Civil Cases Mediation

Civil cases mediation is an important judicial system in china which has a long history and plays a crucial role in judicial process. It is a manner to deal with the dispute by the compromise of the two parties. The thoroughness and high proficiency in resolving dispute is much better than judgment. As China's law construction started in a rather later period, some people's concept remain in the restrained economy era, combined with the limitation on system setting so that civil cases mediation in judicial practice has been affected by official doctrine and ignorance of individual rights, its due function and content of social values can not fully play and express. Therefore research, analyze the value and function of civil cases mediation to provide theoretical guidance for the judicial practice has become an important task.In the first part, the author of this article started from talking about the historic evolution,cause,concept and features of this system in china and also some relative system in foreign countries to express the important role of mediation and in terms to prove it is an important manner in resolving social dispute. In the second part, the author mainly talked about the value of flexibility,proficiency,justice and order in this system and pointed out the differences of each value under different circumstances. In the third part, the author showed us civil mediation's roles of resolving dispute,saving judicial resources and easing social relations by analyzing its social functions. In according to Takao Tanase's mediation function orientation and through concrete judicial practice, the author successfully demonstrated the above functions of civil mediation. Finally, the writer presented his view on civil mediation system and put forwards his advices on making implementation the principle of parties punishment,separating mediation and judgment adjusting and regulating mediation proposal.