Civil Mediation Research

For several years, the author in court judges to hear complaints mediation inconvenience, but there has been no further understanding. In the case of grassroots courts statistical execution after the judges were understood why would rather ruling also reluctant to conciliation, execute the judges are more willing to execute judgment rather than the conciliation statement. Although in "mediation priority, adjustable sentenced to combine" under the guidance of work principle, the court civil mediation case rate continuously improved, but mediation JueDuiShu also carry out case in turn increased year by year, to perform the work pressure, arising from the execution difficult problem cannot be ignored. In addition, many of the writer's autonomous region of grass-roots court is launching a mediation, case before the lawsuit before mediation, court mediation, speed cutting system of litigation mediation system (in "innovation try of the people's FaYuanBao newspaper all have reported), have also shown litigation mediation system many drawbacks, explains the need to perfect the civil litigation disputes.A paragraph or institutional disadvantages, only after repeated practice can draw the conclusion. In the article with a partial idea is a grass-roots court judges communication, after the conclusion of the gain from litigation mediation is discussed how the more advantageous to the actual operation. Article is divided into six parts. In the first part of the court mediation turned author, carry out case for statistical data to get everybody to litigation mediation system of rethinking. Part two of this article, starting from litigation to litigation mediation conciliation meanings are analyzed, the demonstration regulations itself exists for imperfect place make matting. To illustrate the importance of mediation and non-substitutability, and the necessity of reforming and improving the third part, this paper using comparison method, the mediation derived by litigation several forms are introduced, explanation, analysis, more prominent mediation applicable extensiveness and necessity. Mediation has its advantages, this is its long-term exist and are placed in a higher position on the foundation. But in recent years, the reform of the drawbacks of conciliation itself also constantly, have appeared, the reason of the law lagging a law enforcement, problems existing in public to have more and judicial demand constantly improve does not adapt reason inside. From bottom-to-top court judges are more able to explain their feeling the importance of litigation mediation. In the fourth part of the thesis and the fifth part separately from the advantages and disadvantages litigation mediation are detailed narrated, explain litigation in the actual operation of mediation and bring problems of the social effect, so as to further illustrate litigation mediation system perfect necessity. Through the analysis of the above the part in the sixth part, this paper obtained the necessity of litigation mediation modify conclusions and put forward from three aspects of perfecting work proposal. Lawsuit mediation...