Perfection Of The Court Civil Mediation System

Court mediation, as one of the main methods of the people’s court for handling civil disputes in our country, is a legal system with Chinese characteristics in our country civil litigation and is called "Oriental experience" by the western country. Indeed, the court mediation system in our country plays an important role in the civil lawsuit, and has its irreplaceable position and function, there is no denying that its system value and superiority. The court mediation system can not only save the limited judicial resources, improve the overall efficiency of lawsuit and reduce the pressure of the court’s work, but also ease the interpersonal relationship, eliminate social contradictions and be conducive to the construction of a harmonious society. However, we cannot ignore some of the problems existing in the current court mediation system, though we have a full affirmation of court mediation system in our country. Aiming at these problems, this paper puts forward some concrete suggestions on perfecting the court civil mediation system.The first part of this paper, mainly analyzes the present situation of the civil disputes in our country and the importance of court mediation system. Through the concrete analysis, the first part concluded that the civil disputes in our country under the new period has new features including various types, multiple subjects, complex content, and intensified contradictions, and based on the present situation of the civil disputes in our country, continue to analyze the importance of court mediation which mainly embodied in saving judicial resources, reducing the litigation exhaustion of parties, making up for the legal loopholes and building the harmonious society. The second part of this paper, mainly analyzes the current situation of legislation and its existing problems of the court mediation system in our country. The problems mainly include that the model of combined mediation and trial leads to the program confusion; The functions and powers doctrine color is too thick; Single mediation moderator causes the backlog of cases; The principle of mediation to ascertaining the distinguish between right and wrong is not reasonable; The court mediation operating procedure is not enough careful. The third part of this paper, aiming at the existing problems of the court mediation system in our country, puts forward concrete suggestions on perfecting respectively which mainly include establishing and perfecting the lawsuit pattern of separation of conciliation and trial, establishing the mediation patterns of adversary system, realizing the diversification of mediation moderator, canceling the principle of ascertaining the distinguish between right and wrong, and building concrete court mediation procedure specification. At the same time, in building a specific court mediation program specification, this part also puts forward specific suggestions and countermeasures which mainly includes stating the case scope of mediation of the court shall apply and the specific deadline of court mediation, building supervision mechanism, stabling the effectiveness of the conciliation agreement, and limiting the right of the parties to regret.This paper is expected to provide some reliable reference for the development and perfection in the future of the court civil mediation system in our country through its analysis on the present situation of the civil disputes, importance of the court mediation, current situation of legislation, the problems existing in the system and the concrete suggestions on perfection these five substantial contents in the three parts of the paper.