Abercrombie Paris,Civil trial of the combination o

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Civil trial of the combination of mediation and adjudication

Our current system,[link widoczny dla zalogowanych], including litigation mediation mediation, administrative mediation, people's mediation, the three together constitute the solution of our current social conflicts and disputes of the plays a leading role in the mediation,[link widoczny dla zalogowanych], the mediation of other established standards, established scale, to provide protection, litigation mediation is a basic system of procedural law. From 1937, I founded the party in the Ningxia Border Region mass line, realistic, easy to judicial traditions, and established practice in the trial feature is the civil proceedings in its courts persons in both parties and mediation under the auspices of its consultations on issues of dispute cases to the activities carried out to settle disputes, mediation agreement do not violate the mandatory law provides non-infringement of third party interests, made into mediation by the court documents confirmed that the coercive power of law is a way the court to exercise jurisdiction is provided that both parties completely voluntary, but not a non-compete litigation, proceedings have only been controversial,[link widoczny dla zalogowanych], that not every case can reach a voluntary, but each case the courts must deal with, so the judge is the court required exercise of jurisdiction, the specific exercise of our jurisdiction, including referees and mediators, which in practice in two ways how to combine the principle of . Judicial practice is based on the actual circumstances of the case selection, appropriate for mediation and conciliation for the case may be, from the people's court to resolve conflicts, reduce the angle of the parties to mediate v. tired, but not suitable for mediation or the parties have expressly rejected mediation, the people's court shall promptly hear and render a decision in time. That closed the court or mediation decision is the decision is not in the court concluded, but in the specific case, for mediation in civil cases and judgments in how to achieve the best combination of problems, the author only from the following express their superficial view.
First, the current status of the courts of a combination of both
Foreign judicial mediation was once hailed as the a positive role, but in the laws, regulations, continuously improve the system, people once questioned on the mediation system, nine o'clock in the last century, began the Civil Trial of representatives in the system system advocated by the program counter, through debate, technical, procedural justice, technology finally reached, which is commendable in the physics and chemistry, but because of China's power structure and cultural tradition did not develop respect for the proceedings of the national character, the program can not be trusted naturally , combined with the system itself was not perfect is the exploration stage, through the theory of procedural justice at the time to protect the entity does not fundamentally fair, pale of this theory to the practice of imposing the fore, it can be said is in the Junior Civil Procedure Law of China period, the procedural rules is still immature and far from inanimate, there are still many loopholes it is virtually impossible in a short time to establish a sound mechanism to face this situation the program, through a period of exploration, we have the system a serious look at, from China's national conditions, the public sense of values and actions proceed, we re-mediation of the litigation system with Chinese characteristics, improve the degree of attention, after full investigation, the Supreme Court in August 2004 8,[link widoczny dla zalogowanych], and March 7, 2007 has issued a mediation system to carry out the proceedings were to guide and promote, through the efforts of a period of time, basically been implemented in order to mediate the main theme, the verdict in the civil litigation system based on building a socialist harmonious society that is playing a positive role, but can not be ignored once the problem is that some places emphasis on mediation rate of metaphysics, not correctly understanding of the relationship between mediation and decision, let alone to mediate with the decision to combine the organic problems.
Second, the need for strengthening the mediation system in action
Western proverb said the two sides have the freedom to dispose of civil disputes, they do not violate the mandatory provisions of laws and regulations, does not infringe the interests of others, the law does not prohibit the parties the freedom to dispose of their rights, coupled with China's five thousand years of the mediation system has a rich cultural heritage and popular base, has proved effective, promote cultural mediation, conciliation expand the scope and improve the success rate of mediation, to resolve civil disputes in a fair manner, reducing the parties v. tired, saving judicial resources and build a harmonious play of justice an active role. (A) to strengthen the party mediation can help significantly reduce the appeal tired, reduce the cost of court proceedings, improve judicial efficiency.
Law is abstract rules of distributive justice, which in the case of the implementation of abstract rules, it may not meet the essential justice, particularly the trial, it is only a by program, by evidence to the fact that the process of reproduction, this process requires stringent rules of evidence, complicated proceedings, a lawsuit to fight off not only the trial court to put a lot of costs, it is also a great party v. tired, but very few parties to court proceedings encourage lawsuits, have to debate a non- black and white, but mostly to solve the real problem, not usually the case the legal mind behind,[link widoczny dla zalogowanych], but the essence of mediation is voluntary on both sides, convenient and efficient dispute resolution, the more important sense, the parties provided for a emotional space for the negotiations, the two sides on the basis of mutual understanding reached in the mediation agreement, while allowing the parties to reduce the collection of evidence, evidence, cross examination, and many other problems, reducing the appeal tired, but also for the two sides would get along in life, work sincere cooperation on the basis, to be more important than the economic value of social values, on the other parties to avoid this in the factual and legal judgments based on the settlement of disputes in a manner greatly reduces the work pressure on judges can be described as three good way all the beauty, wonder at the Mediation can be difficult to resolve this litigation to avoid the way the law is not only the need for litigation, it is human instinct choice. It can reduce the red tape the proceedings, through the mutual recognition of the parties, mutual understanding, to minimize litigation links to the two sides reach agreement on the basis of mutual understanding and accommodation. Case Closed things done to the satisfaction of both sides to rule out an appeal, appeals, petitions or supervision by the NPC, protest until the media supervision, resulting in tangible savings of resources litigation and trial under the premise-based society can be achieved without effect.
(B) to strengthen the mediation is conducive to resolve the fundamental contradiction between the two sides to create a harmonious future development of production and living space.
disputes, neighborhood disputes, the court mediation under the auspices of psychological adjustment on both sides and the mutual interests of both sides so that played a role in good mental comfort, so that the parties in the mediation process to find both emotional Hupeng point, the interests of both balance point, so that they face the problem of a rational, long-term perspective to solve the problem, we can say this is melt, the opposition to lift the mood, the heart of hatred to kill, the feelings of the cracks can be repaired to alleviate the conflict of interest, so that the justice sector, the ultimate value of social benefits can be achieved.
(C) to strengthen the substance of the mediation consistent with the public pursuit of justice legal emotion
Justice itself is blurred, the law of development from the perspective of things, the fact can not be reproduced, from a philosophical point of view the concept of fairness is a relative question, and the law and even the application of the law the value of the judicial process it is to go through the procedure to be logical for the reduction of the fact that, by law to balance the interests of the community to resolve conflicts, as the proceedings of the mediation system, due to the characteristics of the civil litigation, legal tradition from the people starting line of sight to maximize the parties of the proceedings from the Judge to the parties on the transfer of the content of substantive negotiations, thereby enabling the end of the proceedings the parties closer to the awareness level of substantive justice, the pursuit of maximum satisfaction of both parties real emotions just law.
(D) strengthen the mediation will help strengthen public awareness of the law in dispute resolution.
The protagonist is mediation parties and the judge involved in the forensic case, the only content on the legitimacy of the mediation, the authenticity of the review, rather than substantive facts in dispute the referee, it can be said of judges and the parties of the proceedings the jurisdiction of the mediation cases, and reached a share, compared with more decision, the parties can fully participate in mediation activities, both in the mediation process have full voice and decision-making, through mutual understanding, compromise eventually calm rational look at the issue, reached a settlement agreement, which both voluntary and active participation of compromise not only the majority of the parties to resolve disputes, enhance the awareness of the law, the parties also to fundamentally eliminate the root causes of complaints and of litigation in society establish an active part in resolving disputes in the legal consciousness, rational consciousness, sense of cooperation, and effectively improve the credibility of the judiciary to protect the harmonious development of society.
Third, how to achieve the best combination of mediation and ruling
Mediation and sentences are the way the people's court to exercise jurisdiction, the two decided on the specific merits of the application and the choice of the parties, rather than by the court decision, strictly speaking, the process of mediation with the parties of their rights with freedom of action, principles of contract law it is a full expression in the proceedings, the mediation process can also be said the two sides is a right to dispose of the formation of the new contract, they do not violate mandatory provisions of law do not violate the legal rights of courts would be recognized, given the coercive power of the law, while the ruling is different, the verdict reflects the people's court on specific cases and case proceedings attitudes on specific issues, it requires a fair and rigorous trial level, to identify cases the fact that the hard evidence to prove the facts of the case to the applicable law to make judgments, can be said that decision is to be heard what happened, to distinguish between right and wrong, division of responsibility. That mediation is summed up in a new agreement, through a new generation of rights and obligations to resolve old conflicts. Characterized by the parties abandon the old problems of the rights and obligations of a voluntary re-contract, and decision is contradictory to find out the old, to distinguish between right and wrong, division of responsibilities,

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