Court "Back-to-back" Mediation System Research

Nowadays, litigation explosion becomes a widespread social phenomenon; in the face of increasing lawsuits, the traditional judicial mechanism starts appearing to be inadequate; high litigation costs and delay become worldwide problems; and the mediation, as an important ADR mode, comes to people’s serious attentions again. Being called an "Oriental Experience" by westerners, mediation is also considered by some domestic scholars as a judicial form that is the most representative civilization with a richest culture in ancient China. It was highly developed in the history of China due to its satisfying the traditional Confucianism that harmony is most precious and that forbearance is a virtue. In the broad background of building a harmonious society, mediation plays a decisive role now with diversified ways, among which the "Back-to-Back" mediation, as a mediating way widely employed in civil trials, has obtained different judgements from different scholars, although it is not clearly defined in laws and regulations. How to correctly understand and evaluate the "Back-to-Back" mediation will have strong practical and guiding significance to China’s judicial practice.This thesis is divided into five chapters:the first chapter expounds the meaning of intercession of People’s court and the meaning of "Back-to-Back" mediation, and through understanding of connotation and extension of theses two concepts reveals the essence of modern government by rule; the second chapter further defines the "Back-to-Back" mediation, confirms the fact that "Back-to-Back" mediation is at issue in academia and deeply analyses this mediation from both the pros and the cons; through comparisons, the third chapter concludes various drawbacks of the "Back-to-Back" mediation and formulates the opinion that the "Back-to-Back" mediation is contrary to the basic principles of China’s laws; the fourth chapter comes up with the view that construction of a modern legal system should rightly face defects in "Back-to-Back" mediation carried out by court, and with measures and methods to improve the legal system of court’s "Back-to-Back" mediation from aspects of legislation, procedures and supervision; the fifth chapter makes a summary of the "Back-to-Back" mediations system.