Studies Of Current Court Mediation System

The court mediation system in our country has an important position in the field of dispute resolution, the past few decades, made outstanding contributions to the judicial practice, after the peak and trough, in recent years, and gradually got the attention of the practice and theoretical. But with the continuous development of economy, society, new situations also appear constantly, the our country present court mediation system is not closely to pace, gradually cannot meet the social needs, at the same time, the academia for its future development produced a heated discussion. Based on this, this article will focus on around our detailed discussions of the current court mediation system. Articles in several mediation first case as a starting point, lead to the present situation of the court mediation in China, combined with the rule of law more developed countries and our country Taiwan area typical system, put forward the current court mediation system development and progress of new thinking.The full text is divided into four parts:The first chapter introduces the four mediation cases, through detailed analysis of the case, laying the groundwork for the later, leads to study the contents of the article.The second chapter, the status of court mediation. Status court mediation into positive and beneficial part of the existence of difficulties and problems. This chapter introduces the positive presence of court mediation, including the efficiency, effectiveness and harmony. Then a detailed analysis of the current predicament. "Tune trial one" is the first dilemma, mediate range, start the program, there is a problem right and mediation time to go back to face are, in addition, mediation capacity of judges, social awareness of mediation also factors mediate the effect of the impact.The third chapter, the rule of law in developed countries and regions related system inspection. This chapter analyzes the US judge attached mediation, litigation settlement system on Germany, Japan, the mediation system and mediation system in Taiwan of China. Learn from the experience and ideas of extraterritorial priority, help to better improve our current court mediation system.The fourth chapter, new mediation system Thoughts on the Development of the Court.This section is the full text of the key elements, combined with a detailed analysis of the foregoing, this chapter will propose to improve and develop the existing concept of court mediation system, and for interpretation.