Research On The Mediation First Of The Civil Litigation Mediation In China

On June7,2010, Supreme People’s Court distributed An agreement about furthercarrying out the principle of Regulation of priority combination of mediation andjudgment.The agreement is a scientific conclusion based on judicature practice and presentsituation,and it is a judicature policy for better promoting economic development,buildingcordial society,solving societific contradiction. The policy symbolizes the new developmentof the civil mediation, reflects the justice organizations giving weight to accommodation inpracitce,which is the improvement of judicature theory system.But there are somemisunderstandings about the agreement,the author tries to deliberate and marshal thesemisunderstandings,and brings some individual views.There are4pats of this article,fistly, the introduction of policy backgroud, secondly, theconnotation and actual state,thirdly, possibility to carry out this policy and the discussion ofthe misunderstandings,and the last, the analyzes of this policy.The outline of this article is as follows: in chapter1, the author introduces the backgroudof this policy,including the development of civil litigation accommodation and he principle ofRegulation of priority combination of mediation and judgment in China.In chapter2, theauthor introduces the connotation and actual state of this policy,through the contrast ofaccommodation rate all over the country in recent years,the author summarize the positiveeffects of this policy in solving social contradiction and developing function effects of trialorganizations.In chapter3, the author analyzes the misunderstandings of thi policy,includingingerence the litigants choice right by careless usage of accommodation,over emphasis onaccommodation, substantive rights can not be protected,low efficiency carried by overemphasis on accommodation.In chapter4, the author analyzes in terms of the points raised inchapter3,including on the base of litigants,choice, the relationship of the accommodation andthe justice, applicable understanding of accommodation rate, accumulative experience of Regulation of priority combination of mediation and judgment.