法院调解的自愿与强制-诉讼法学专业论文.docx

Abstract The development of the court mediation system has a lot of ups and downs in our country, sometimes it is valued extremely, and sometimes it is restricted in application. But the system never is away from the theme of voluntary and compulsory.Analysis on the development progress of the court mediation system shows the following fact: Since the People’s Republic of China was established, the development progress is actually a game between respecting the related parties’ wishes and adding compulsory to the court mediation..We are building the harmonious society today; without doubt, the court mediation system is the most important method to settle disputes through the non-litigation. But because of lacking the relevant regulation, in practice, it leads to all kinds of enforcement methods to be mixed into the law prohibition and law allow. The successful experience of overseas ADR shows that the public power interfering in the court mediation should be reinforced; the compulsory factor should be put into the court mediation. Most of countries in the world have already recognized this point universally.Both the compulsory factor of the court mediation and the objective needs for Chinese judicial development supply more room to the establishment of the enforcement system.So it is necessary to enlarge appropriately the early mediation scope, which can promote separating the cases into the complex one and the simple one.To reinforce Justice’s intervention in the mediation can benefit the development of the court mediation with justice and efficiency.To supply the relief system to the enforcement of the court mediation can restrict the unfair enforcement and guarantee the development of the enforcement system in order.To establish and improve the enforcement system will inject fresh energy to the court mediation, which is the ancient tradition. Key Words：the court mediation；voluntary of the related parties； enforcement mediation 目 录 摘要………………………………………………………