Court Mediation System

The court mediation institution plays an important role of our lawsuit system. Having experienced the prosperity and decline, the court mediation institution is in a revival during the reformation of trial and judicial system. Look back at history, it can be seen that after a period of fluctuation, Chinese mediation system forms and be well served with court mediation system. In terms of Chinese mediation system, legal and economic principles are the key points to analyze its necessity and rationality. Subsequently, a series of feasible methods will be posed in the following part.This paper can be divided into six chapters:an introduction, main contents (four chapters) and ended with a conclusion.Firstly, it arouses the readers to pay close attention and think-provoking to the problems of Chinese court mediation system.Next, a literature review about the basic theory of court mediation system will be introduced in the first chapter. It starts with the definition of mediation system, analyzing the essence and value system of mediation, and then comparing with the different stage in various countries.Then, the next section reveals the paradoxical phenomenon of mediation and legal theory. However, both regard the justice as the ultimate goal and then show signs of financing. In the modern society, the relationship between legal and mediation can not blindly be emphasized difference or the same.In the following part, it is based on the analysis of economic reasons. In the new institutional economics perspective, the conciliation is a kind of rational action. Nevertheless, it is inevitably that the court staff will seize the opportunity to maximize their own benefits in the selection and application of the mediation procedure. Afterwards, the behavior of the court and the fundamental goal of mediation system often occur deviation. Therefore, it suggests that Chinese court mediation system should be improved by means of regulating and stipulating relevant laws on interests mechanism, the mediation procedure option and procedures.The fourth chapter introduces basic situation of court mediation system, analyzing the development of mediation system, and finally point out how to improve it further.In conclusion, briefly summary will be listed in the end.