Historical Survey Of The Court Civil Mediation System And Reflection

The civil mediation system applied by the Chinese courts is of a big characteristic in the Chinese judicial system.It has inherited the good tradition during the Chinese democratic revolutionary period,and it is the combination of the Chinese legal culture and the judicature experiences.It is the system which bears the most peculiar characteristics of civil trial in China.The trial system which stresses the "mediation first" is not only sinks deep into the hearts of the people in domestic,but also is called "the Eastern experience" in the world.However,along with the multiplication of social value,the decentralization of social structure and the contracting of social relations,the limited judicial resources have been unable to withstand the heavy burdens which are brought by the day by day social disputes. Moreover,because of the awakening of litigants as subject,the present civil mediation system cannot satisfy the requirement of the society that the settlement of social disputes should be "fair and efficient".Although the academic legal circle proposes many different viewpoints about "saving","changing",or "repealing" in respect to the court civil mediation system and the judicial practical circle has carried on the bold reform attempting to the civil mediation system,the civil mediation system has not well obtained both in the theory construction and in the practice operation.Therefore, as a judge engaged in the civil trial for a long time,I combine this two years' study and my working experiences as a judge and propose the suggestions on perfecting the Chinese civil mediation system in this thesis,together with my love for my judicial profession.This thesis is divided into the following four parts:Part One:the inspection and the analysis of the civil mediation history and the present situationAfter reviewing the historical evolution of the mediation system in China, analyzing the cultural context and the social basis of the existence of the traditional mediation system,it points out "the China's road of government by law had to pay great attention to using China's native resources,and to pay great attention to the tradition and experiences of the Chinese legal culture." In addition,this part analyzes the present situation of the Chinese civil mediation and its contradictory reasons.Part Two:the deficiencies of the civil mediation system and the necessity of its reformAfter examining the deficiencies of the civil mediation system,it analyzes the necessity of reform of the civil mediation system.Again,from the viewpoint of the need of constructing our harmonious society in the new period,it analyzes the pressing of reforming the court civil mediation system.Part Three:a comparison between the Chinese civil mediation system and the related systems of Taiwan area,the Unites States,England,German,Japan,and FranceAs a backward county in the way of government by law,it is necessary for China to examine the advanced experiences of other countries when it designs and constructs its civil mediation system.Therefore,a comparison between the Chinese civil mediation system and the related systems and other countries may help China seek the model which can be applied to China and borrow experiences and lessons.Part Four:the rumination over the Chinese civil mediation systemThrough above historical and comparative examination of the Chinese civil mediation system,it analyzes and evaluates recent years' different reforming plans of the civil mediation applied by the Chinese courts.It points out the feasibility of replacing the civil mediation system by the civil reconciliation system,and proposes the tentative plan of perfecting the Chinese civil reconciliation system.