A Study On The Court Litigation Mediation System In China

The court mediation system which is known as "Oriental experience" is an important judicial system with a long history in China; it promoted the construction of the socialist harmonious society and speeded up economic development. But with the development of market economy, the design of the court mediation system in the face of increasingly diversified social contradictions has produced many problems. This paper starts from the concept of the court mediation system, analyzing the specific content of the court mediation system in China. Secondly, this paper compares Taiwan and some foreign countries’ mediation system, which are mainly:American annexed mediation and reconciliation system, German reconciliation system, Japanese mediation and lawsuit reconciliation system, and Taiwan’s court mediation system. Thirdly, study and analyze the status and deficiencies of the current court mediation system. Finally, based on Taiwan and other countries’advanced experience, this paper analyzes carefully, learning from its merits and according to China’s court mediation characteristics, and proposes suggestions to consummate our country’s court mediation system, which can effectively make up for the deficiency in our court mediation system. These suggestions are from the principle to the specific program include the separation of mediation and trial, cancelling the principle of ascertaining the facts and telling right from wrong, explicating legal principle, avoiding the emergency of compulsory mediation cases, perfecting mediation procedural norms, clearing the conciliation agreement’s legal effect and so on.