浅议我国民事诉讼调解制度及其完善.pdfVIP

Abstract Civil mediation is a way of resolving disputes and ending up proceedings during the civil cases in peoples courts. The civil mediation system of China, which is from Chinas long history and long lasting judicial practice, and with deep local sources, is a system of civil litigation with Chinese characteristics. From of old, Chinese people always keep the no-litigation thought in their minds. Civil mediation as a way to resolve disputes, not only accords with the value orientation of the traditional Chinese culture which is the “peace is the best” and the thought of the pursuit of nature and harmony, but also has its unique value of judicial remedy. The functions and advantages of the mediation are as follows: 1. compared with the trial proceeding, the mediation process has the procedural flexibility to resolve the dispute on less time, and lower cost; moreover, it can help both parties save time, money and energy, reduce the load of the Court, and contribute to minimize the personal costs and the social costs; 2. the mediation has the lower requirement to judges. They do not need to determine a complex entity law and the application of the law, which is conducive to raising work efficiency and reducing the misjudged cases; 3. the results of mediations are more close to the substantial justice pursued by the parties and easier to obtain the parties’ agreement in their hearts; 4. the mediation is better way to end up the litigation and also achieves better social effects; 5. the mediation will help ease the problem of difficulty in execution and promote to realize the social justice and safeguard the judicial authority. However, with the deepening of trial reform, the limitation and drawbacks of