Reflection And Improvement Of Court Mediation System

Intermediation refers to a way that under the intervention and mediation of the third party as the neutrality side, both parties concerned reach an agreement and solve a dispute through consultation. According to the different identities of intercessors, intermediation can be divided into all kinds of types such as private intermediation, social organization intermediation, administrative intermediation and court intermediation.In the diverse intermediations, both applicable entity norm and effectiveness are a bit different separately, but in the essence, they are a way that parties concerned handle rights on their own initiative. On this point, in addition to increasing the "court" as a factor, court intermediation is the same as the other intermediations in nature. As an important even main mode for case ending, the vicissitude of court intermediation has the same times background as the other intermediations, but more stuffs reflect judgment mode reform and some philosophical concepts and practical problems in the process of justice system reform.As a means or manner for solving disputes, intermediation has occupied an important position in the solving mechanism traditionally. Being a symbol for social intermediation, it has been unscrambled repeatedly by people, decades of justice practice after founding of new China demonstrate that court intermediation has been playing an extremely important role in such aspects as promoting solidarity among people and creating the harmonious society. Nevertheless, since the 1990s, with the development of market economy in our country and conversion of society, profound changes have taken place in such aspects as social values and public legal awareness. The public authority has been weakening in so many fields in citizen life. These facts all lead to more and more conflictive phenomena between court intermediation system and modern justice philosophical concept. Moreover, so many maladies and inadequacies have been exposed and court intermediation has been increasingly weakened. Upon entering the 21^st century, having undergone tests of a long period of time, both justice policy and reform returned to the basis of realism and empiricism once again, people have also more philosophical cognition for the concept of intermediation. Besides, they commonly understand that the emphasis on court intermediation is the realistic choice for assuaging the justice predicament and alleviating the justice pressure and improving the justice climate. Therefore, the returning of court intermediation is not all the simple repetition of the traditional intermediation, but the agreement between actively exploring court intermediation system and the new justice context, which is the dispute solution mechanism featuring plural patterns and opening and which is the reasonable choice for adapting to the social needs and coping with justice troubles. Starting from the unscrambling for legal principle of our court intermediation system, this article, from the aspects like the theory of the science of law and practice, conducts the basic analysis and objective cognition in terms of such aspects as concepts, characteristics and significance, seriously analyzed and rethought the history and forming factors for the court intermediation system involving the course of producing and development, and understands the status quo of the court intermediation system in our country more objectively and fully. Combining theory with practice, this article tries to find out its inadequacies or maladies while fully cognizing the significance of the current court intermediation system of our country and the advantage of the solving dispute mechanism. At the same time, it conducts the comparative analysis over courts mediation system both abroad and areas involving the Britain and US legal system and the continental legal system, borrowing their merits and strong points in order to benefit the cognition and reform for our court mediation system in days to come. In addition, because intermediation is not a pure theory, in a deeper sense, but is a practical question for study which is in the course of the dynamic development. Accordingly, this question for study shall be used as substantial study consecutively and shall make an attempt within the areas such as understanding the dynamic development and operation for intermediation, makes an objective evaluation over the justice practice and justice policy, puts forward suggestions in terms of the system constructing and reshaping the court intermediation system in our country in order to explore and build a new thinking way of the modern court intermediation system coinciding with the Chinese social economy and legal governing status quo.