Civil False Lawsuit Procuratorial Supervision

Litigation Mediation,which is based on the presiding of judge,is defined as the case settlement which parties arrive at consensus and stop litigation.This thesis studies the dilemma brought by fulfilling the meditation-first judicial policy.The limit of meditation priority Judicial Policy is analyzed from two aspects.One sufficiently mines the conflicts between meditation-first judicial policy and modern judicial environmental soil from theory.In other words,the legitimacy problems of meditation-first judicial policy are justified in theory and then the forming cause of decline is found out.The other one analyzes the functioning process of meditation-first judicial policy,switching the traditional macro vision to the limitation of micro visual observing meditation-first judicial policy.Verification and validation are carried out according to the analytical method of mathematical model using court big data and the angle of law economic.This thesis analyzes the defect of lawsuit mediation dual-system and the dilemmas.Furthermore,this thesis finds out the improving technical solution and introduces new legal researching normal form.Finally,the judicial market discipline moving slowly from strengthening mediation to judicial norms is worked out.In addition,the relatively appropriate judicial principle of mediating when it is appropriate for mediation and judging when it appropriate for judgment is reaffirmed.The three mathematical models in the thesis devote to providing preference of selecting mediation or judgment for parties.Many indicators in judge performance appraisal are not very reasonable.High standard mediation rate is the wand to mediate or judge,therefore,judges don’t stand at the perspective of parties but out of high standard mediation rate.Judges’ information disclosure behaviors are robbed,so establishing scientific meditation indexes is the direction of this thesis.Finding judicial principle in the mediating mechanism is the due state of mathematically management rather than establishing a series of indexes to constraint the judges.Large data research does not only change the study pattern but providing reference for the scientific mediation mechanism established at present.The three models try to put forward the reform of law study pattern,introducing large data researching method and mathematic analytical method to the field of law study,which is only is little step,and the model may not be the most precise but it has certain referential meanings for mathematically management.For example,court regulates different trials for these typology cases,which is the visual result of model 1.Moreover,the more integrated data record system should be built in the court database and law cloud should be established too,which play an important part in the future court big data management.