Research On Court Mediation And Spervision System

Court mediation is one of the important ways to resolve disputes in our country,which can solve civil disputes with low cost and high efficiency.However,while the overall sound operation of court mediation,it also shows its disadvantages constantly.The abnormal phenomena such as forced mediation by the court,the settlement of cases that should not be mediated by mediation,illegal mediation content and false mediation make the court mediation supervision system deeply lacking.The author hopes to explore the court’s mediation and supervision system through this paper,in order to provide a reference for improving the court’s mediation and supervision system and make the court’s mediation system run better.This paper starts with the definition of the court’s mediation and supervision system,first elaborates the legal principle of the court’s mediation,the dual attributes of the court’s mediation,the pursuit of multiple values and basic principles for the perfection of the court’s mediation and supervision system.On this basis the author defining the supervision system of court mediation,court mediation supervision system refers to the supervision of intermediation of the court the lawsuit main body of the court mediation activity monitor system which is formed by the legal system,its supervision and main body diversity,complex content and supervision to the bidirectional binding characteristics and supervision of purpose,It is mainly composed of four parts: the subject of supervision,the object of supervision,the way of supervision and the consequence of supervision.The court mediation and supervision system can be traced back to the formal establishment of the court mediation system.After decades of evolution,the court mediation and supervision system has achieved great development.No matter in legislation or in practice,the system of court mediation and supervision in China is running well on the whole,but there are also some significant problems.At present,China’s court mediation supervision system has some problems,such as imperfect legal norms of court mediation supervision,irregular review procedures in court mediation,limited scope of trial supervision of court mediation,and imperfect supporting measures of court mediation supervision.Based on the local conditions,the author investigates the mediation system attached to the court in the United States,the civil mediation system in Japan and the mediation supervision system attached to the court in Australia,and takes the essence of them.Aiming at the problems existing in the aforementioned mediation supervision system of the court,the author puts forward suggestions to improve the mediation supervision system of the court from the standard and practice levels.