Several problems of mediation system in civil procedure law. urgent

1. Mediation system is rooted in thousands of years of traditional legal culture and modern judicial practice in China, and is praised as "oriental experience" by international judicial circles. Civil mediation is an important way for people's courts to exercise judicial power and one of the important litigation systems in China. Civil mediation not only rebuilds the communication platform for the two parties to the dispute, turns hostilities into friendship and truly eliminates contradictions, but also shows its due value in the context of China's pursuit of a harmonious society and all-round coordinated development.

First, the origin and development of China's civil mediation system.

To study the civil mediation system in China, we should start with the mediation of interest litigation in ancient China. One of the main values of ancient Chinese legal tradition is "no litigation". Under the rule of feudal ethics in China for thousands of years, "harmony is the most important" has become the characteristic of China traditional culture, and "no litigation" has always been the goal pursued by the rulers. Under the control of the ideal of "no litigation", on the one hand, local officials, as magistrates, mainly use moral education to solve legal disputes in order to achieve the effect of stopping disputes; On the other hand, among ordinary people, the concepts of "cheap litigation", "tired litigation" and "shameful litigation" can also be said to be deeply rooted, and the so-called "refusal to sue" is the extreme embodiment of this concept. The rejection and rejection of litigation made "mediation" a very important way to solve disputes in ancient China. Some scholars pointed out, "If non-litigation is the value orientation of China's ancient political and legal construction, then mediation is one of the important means to realize non-litigation of interests. This has a long history in ancient China. It not only accumulated rich experience, but also formed a complete system, which is rare in the legal history of the world.

Mediation in ancient China can be roughly divided into two types: official mediation and folk mediation. Official mediation refers to the mediation of interest litigation activities presided over by local officials such as prefectures and counties, while folk mediation is mostly carried out by clan organizations such as neighbors and chiefs. Although there are differences in the presiding officers and effectiveness of various forms of mediation, one thing is common, that is, "the focus of dispute resolution is not to determine or safeguard anyone's rights, but to distinguish good from evil, calm disputes and restore ideal harmony: an order organized according to moral principles." Obviously, in the history of our country, mediation should not be counted from the founding of New China. In China's ancient legal tradition, the concept of "emphasizing mediation" has a long history, beginning with the pursuit of harmonious natural order. Litigation mediation has lasted for thousands of years under the dual support of this concept and system, and it is still flourishing until now. An American scholar profoundly pointed out the mediation system in China. "Until the 20th century, extrajudicial mediation was still the main method to solve disputes. The purpose of Confucian philosophy, the structure of China society and the operation mode of imperial government institutions have led to a special preference for this dispute settlement method. " . After the founding of People's Republic of China (PRC), the mediation system continued to be valued by the state. 1958, based on the theory of correctly handling contradictions among the people and combining with the practice of civil trial, Mao Zedong put forward the "twelve-character basic policy" of civil trial work: "investigation and study, mediation first, local settlement". 1964, this policy further developed into the "sixteen-character policy" of "relying on the masses, investigating and studying, solving on the spot and mediating". The guiding ideology of "twelve-character policy" and "sixteen-character policy" strongly advocates that civil cases should be closed by mediation as much as possible. Under the historical background of highly politicized social life and extremely weak legal control means at that time, the practice of emphasizing mediation adapted to the needs of the situation and achieved good social effects. Therefore, the mediation-based trial method is not only deeply rooted in the hearts of the people at home, but also praised by many people as "Oriental experience" internationally.

Second, the litigation value of China's current civil mediation system.

(A) the value of traditional legal culture:

China's traditional legal culture will continue to influence people's thinking, behavior choice and system construction in modern society. For thousands of years, people's admiration for Confucianism and disregard for the rule of law in a society ruled by men have caused people's "lawsuit-weariness" mentality and unwillingness to "go to court". In particular, the defendant often has a strong sense of shame and anger, and it is often "several generations of lawsuits." Closing a case by mediation can reduce the psychological burden of both parties, especially the defendant, promote the harmony and unity of both parties, and make it easier for the parties to achieve a psychological balance in serving the judgment and litigation. Therefore, in the handling of civil cases, people are more willing to accept the "win-win" mediation results, thus receiving good social effects.

(B) the value requirements of efficiency and justice:

1, the litigation value of civil mediation lies in its non-procedural, flexible and diverse ways, which not only saves time and labor, but also realizes the purpose of litigation efficiently, simply and quickly, which is conducive to saving judicial resources, improving litigation efficiency and producing relatively high litigation benefits.

2. The justice of civil mediation is no less than that of judgment, because the mediation agreement is reached in the course of litigation, under the protection of legal procedures, on the basis of understanding each other's advantages and disadvantages and predicting the judgment result, which is generally close to a fair judgment result. Justice that comes late is unjust, and justice that comes from excessive consumption of judicial resources cannot be called real justice. Therefore, the fast and efficient justice produced in mediation is not inferior to the justice brought by judgment. In addition, the grass-roots people's courts are in the front line of trial work and are closest to the broad masses of the people. Most of them mediate simple civil cases with clear facts and clear rights and obligations, so civil mediation has become the best choice to solve such cases. Because, in a simple civil case, there is little dispute between the parties, and there is no need to go through strict procedures to find out the facts, judge the relationship between rights and obligations, and distinguish their respective responsibilities. It can be completely resolved by the parties themselves through consultation. On the other hand, grass-roots courts have generally accumulated very rich mediation experience, and can patiently do the work of the parties through careful education and guidance, so that the parties can understand each other, enhance unity, and make law, reason and emotion highly integrated, and finally achieve the expected litigation purpose.

3. Civil mediation has been deeply loved by the majority of judges. Cases concluded in this way do not need complicated procedures of proof, cross-examination and authentication, strict division of powers and responsibilities, and mechanical application of laws to make judgments. Moreover, there is no need to write reasons for judgment in the civil mediation book that has been settled through mediation, and the effective civil mediation book cannot be appealed. The possibility of retrial is very small, and the probability of misjudged cases is extremely low, which makes civil mediation less risky for judges. Therefore, compared with civil judgment, civil mediation is a way to deal with cases with greater benefits and less risks.

4. At present, our country is in the primary stage of socialist market economy, and new situations and problems appear constantly in the trial practice. Although legislation has been continuously improved in recent years, there are still a lot of contradictions in lagging legislation, and there are many cases that cannot be followed or the legal definition is unclear. Therefore, it is still an effective way for the parties to reach a mediation opinion by choosing their own interests. Because the two sides reached a mediation under the consideration of their own interests, as long as it does not violate the prohibitive provisions of the law, the mediation agreement can be confirmed, thus avoiding the embarrassment of not being able to invoke specific laws. In the process of mediation, both sides' evaluation and weighing of their own interests and each other's behavior can provide experience and opinions in judicial practice for future legislation to solve such problems, which can undoubtedly promote the construction of the legal system. The establishment and development of China's socialist market economy also needs mediation system, which also provides a material basis for the existence of mediation system. Market economy is an economy ruled by law, which requires the law to confirm that market subjects exercise their rights independently. Mediation can confirm and respect the freedom of will of the parties and give them the right to resolve disputes through agreement, which is in line with the inherent requirements of the development of market economy. At the same time, the market economy is also an efficiency economy, and every market subject should take efficiency as the starting point and destination. Mediation is a kind of dispute resolution system design with efficiency as the value orientation. It can be seen that the market economy provides the soil and environment for the modern mediation system, and the mediation system also promotes and promotes the healthy and orderly development of the market economy.

Thirdly, the basic procedures and contents of China's current civil mediation system.

In August 2004, the Supreme People's Court made a new judicial interpretation of civil mediation according to the provisions of the Civil Procedure Law and the experience of trial practice-Several Provisions on the Trial of Civil Cases Involving People's Mediation Agreements (hereinafter referred to as "Several Provisions"), which was adopted on June 165438+ 10/2004. The judicial interpretation consists of 24 articles, and its procedures and contents involve mediation scope, mediation initiation, mediation mode, mediation organization, mediation agreement content, mediation agreement and its confirmation, mediation document and implementation.

(a) the scope of application of civil mediation:

Civil mediation refers to the activities that people's courts persuade litigants to reach an agreement on civil disputes through voluntary consultation under the auspices of judges in the process of trying civil cases, and it is an important way for people's courts to conclude cases. Civil mediation is a basic principle of civil procedure law. According to Article 9 155 of the Civil Procedure Law and Article 20 1 of the People's Opinions, civil mediation is applicable to ordinary procedures of first instance, summary procedures, second instance procedures and trial supervision procedures. Article 2 of Several Provisions stipulates that mediation applies to all cases except six types of cases. These six types of cases are: special procedures, supervision procedures, public notice procedures, bankruptcy and debt repayment procedures, marriage and identity relationship confirmation cases, and other civil cases that cannot be mediated according to the nature of the cases. The provisions of the Civil Procedure Law on mediation in civil litigation are too principled, which leads to the ambiguity of the scope of mediation cases in the people's courts and makes the people's courts fail to give full play to the role of mediation. Judicial interpretation clarifies what kind of cases can be mediated and what kind of cases cannot be mediated, which makes civil mediation more targeted, which not only reduces blind mediation, but also improves mediation efficiency, which is in line with the legislative intention of the Civil Procedure Law.

(two) the start of the civil mediation procedure:

According to the relevant provisions of the Civil Procedure Law and several provisions, mediation should run through the whole process of trial activities, and civil mediation includes pre-trial mediation, in-court mediation and post-trial mediation. There are two ways to start mediation before the expiration of the defense. First, if the parties apply for mediation, they can immediately enter the mediation procedure; Second, the judge can take the initiative to obtain the consent of all parties or mediate. In the procedure after the expiration of the defense, the judge is prohibited from initiating the mediation procedure ex officio. Because the initiation of mediation can only depend on the will of the parties, the court can't initiate it ex officio, and whether to resolve the dispute through mediation is the litigation right of the parties, which should be completely decided by the parties' free choice. In the process of mediation, the position and role of judges are quite special. A judge has a dual identity: he is both the moderator of mediation and the referee of a case. Because once the judge puts forward a mediation plan, it will give the parties a pressure to accept mediation, otherwise they will suffer in the judgment; Because the judge controls the judicial power, sometimes it is difficult for the parties to refuse the judge's suggestion and reach an agreement against their will for fear of offending the judge. Therefore, in the process of mediation, the judge should try to guide the parties to negotiate freely and urge the parties to reach a mediation agreement independently. For the disputed issues between the two sides, the judge should analyze and explain them from the legal point of view to avoid being mixed with subjective personal feelings. In the process of mediation, the judge should consciously straighten his position and overcome and avoid two tendencies: first, to promote mediation with "pressure", and the judge threatened the parties with warning language such as "mediation failed to make a judgment, and the judgment result was worse than mediation"; The second is to promote mediation by "procrastination" and mediation is repeated. The case has been delayed for a long time, and the parties will never give up until a mediation agreement is reached. Both of the above situations violate the principle of voluntary participation of the parties.

(3) Time limit for civil mediation:

Timely mediation is the specific requirement for the people's court to achieve the goal of "justice and efficiency". In order to realize this requirement, solve civil disputes as soon as possible and stabilize social order, the Civil Procedure Law clearly stipulates the ordinary procedure of first instance, summary procedure, second instance procedure and retrial procedure. Due to the limitation of the trial, the pre-trial mediation cannot be delayed for too long. If mediation fails, it should immediately enter the trial procedure. If mediation is conducted for a long time, the case cannot be concluded within the statutory time limit, which will affect the mediation enthusiasm of judges.

Article 6 of Several Provisions stipulates: "Before the expiration of the defense period, the people's court will conduct mediation. /kloc-If the parties agree to mediation in ordinary cases within 0/5 days, and if the parties agree to mediation in summary cases within 7 days, mediation can be continued with the consent of the parties. The extended mediation period is not included in the trial limit. " Based on the premise of facilitating mediation by the parties and ensuring that the case does not exceed the statutory time limit, several provisions stipulate that two periods are not included in the trial period: one is the period during which the parties apply for out-of-court settlement. The parties themselves negotiate to resolve disputes out of court, and the litigation process should be controlled by the parties, and the court should not interfere. Second, if mediation fails before the expiration of the defense period and the parties agree to continue mediation, the extended mediation period will not be included in the trial period. "Several Provisions" stipulates that two periods are not included in the probation period, in order to give the parties more time and opportunities to resolve disputes through consultation, which is more conducive to resolving contradictions and resolving disputes.

(four) the main body of civil mediation:

Articles 86 and 87 of the Civil Procedure Law stipulate that civil mediation shall be presided over by a judge, and in some provisions, the scope of the subject of mediation has been expanded, that is, units or individuals invited by the people's court may assist the people's court in mediating cases, and the people's court may entrust them to mediate cases with the consent of the parties. After reaching a mediation agreement, the people's court shall confirm the validity of the mediation agreement.

There are two organizational forms for people's courts to hear civil cases: one is an independent court; One is the collegial panel. Articles 86 and 87 of the Civil Procedure Law stipulate that a people's court may conduct mediation by a single judge or by a collegial panel. If a case is tried by a sole source court, the mediation case shall be presided over by a sole judge; When a collegial panel hears a case, in the mediation procedure, the judge only presides over the mediator, and the result is decided by the parties themselves. Therefore, in order to save trial resources and improve trial efficiency, mediation can be presided over by a judge or all members of the collegial panel according to the needs of the case.

Several Provisions stipulate that the people's court may invite enterprises, institutions, social organizations or other organizations that have a specific relationship with the parties or have a certain connection with the case, as well as individuals with special knowledge, specific social experience and a specific relationship with the parties to participate in mediation. For example, the unit where the parties work has authoritative and reasonable leading colleagues, members of village (neighborhood) committees, people's mediators, judicial assistants (directors of legal service offices), experts and scholars, relatives and friends, etc. Some work, live and study with the parties, and are familiar with the situation and disputes; Some people have special knowledge or skills in a certain aspect and have a certain prestige. They assist the people's court in mediation, which is conducive to ideological education and persuasion of the parties and to the smooth settlement of disputes between the parties. This is an effective way for the people's courts to absorb the extensive participation of the people and promote the success of social mediation.

Some provisions also stipulate that, with the consent of all parties, the people's court may entrust the above-mentioned units or individuals to mediate the case, and after reaching a mediation agreement, the people's court shall confirm it according to law. Mediation of cases under the auspices of relevant units or individuals must meet three conditions: First, it must be agreed by all parties, including the plaintiff, the defendant and the third party in litigation. Second, it must be entrusted by the people's court. Third, the people's court shall examine the mediation agreement reached by the parties according to law. As long as the mediation agreement does not violate the prohibitive provisions of laws and administrative regulations and does not harm the interests of the state, society, collectives and others, the people's court shall confirm its effectiveness.

(five) confirmation of the validity of the settlement agreement and the mediation agreement:

1. Confirmation of settlement agreement:

Article 5 1 of the Civil Procedure Law stipulates that both parties can reach a settlement by themselves. Self-reconciliation is an activity in which the parties in civil litigation reach a self-reconciliation agreement on the disputed matters through consultation, so as to solve the dispute. Self-reconciliation is divided into in-court reconciliation and out-of-court reconciliation. Settlement in court refers to the settlement reached by both parties in the presence of a judge during the litigation process. Out-of-court settlement refers to a settlement agreement reached by both parties without the participation of a judge. Article 4 of Several Provisions stipulates that "if the parties reach a settlement agreement by themselves in the course of litigation, the people's court may confirm the settlement agreement according to law and make a conciliation statement according to the application of the parties", which changes the single mode that the parties can only choose to withdraw the prosecution in the past. Article 19 1 of the Opinions on Civil Procedure stipulates the reconciliation between the parties in the second instance: "If the parties reach a settlement agreement in the second instance, the people's court may, upon the application of the parties, review the settlement agreement reached by the two parties and make a conciliation statement and serve it on the parties; The people's court shall allow the withdrawal of the lawsuit due to the application for reconciliation, which meets the conditions for withdrawal after examination. " This provision should refer to the settlement in court, which only applies to the second-instance procedure, not to the settlement of the parties in the first-instance procedure.

Although the settlement agreement is binding on the parties to a certain extent, it is not mandatory. If one party fails to perform its obligations, the other party cannot apply to the people's court for enforcement, but can only bring a new lawsuit to the people's court. However, the settlement agreement confirmed by the court or the conciliation statement made by the settlement agreement has the force of enforcement. If one party fails to perform its obligations, the other party may apply to the people's court for compulsory execution.

2, the effectiveness of the mediation agreement:

Article 90 of the Civil Procedure Law stipulates that "if an agreement is reached through mediation in the following cases, the people's court may not make a conciliation statement: ……"; (four) other cases that do not need to make a conciliation statement. An agreement that does not require the preparation of a conciliation statement shall be recorded in a written record, and shall become legally effective after it is signed or sealed by both parties, judges and court clerks. Article 13 of Several Provisions stipulates: "According to Item (4) of Paragraph 1 of Article 90 of the Civil Procedure Law, the conciliation statement shall come into effect after the parties agree to sign or seal it. After examination and confirmation by the people's court, it shall be recorded in the record or attached to the agreement, and it shall become legally effective after being signed or sealed by the parties, judges and clerks. If the parties request to make a conciliation statement, the people's court shall make a conciliation statement and send it to the parties. If the parties refuse to accept the mediation agreement, the validity of the mediation agreement will not be affected. If one party fails to perform the mediation agreement, the other party may apply to the people's court for enforcement with the mediation document. "

The legislative purpose of Article 90 of the Civil Procedure Law is to reduce litigation links, save litigation costs and improve litigation efficiency. If a dispute between the parties reaches an agreement through mediation, it can be agreed that the mediation agreement has legal effect, and it is not necessary for the people's court to make a mediation document to confirm it, and the autonomy of the parties is fully respected.

According to the provisions of the Civil Procedure Law and relevant judicial interpretations, if one party fails to sign the mediation agreement, the mediation agreement will not take effect. If the parties who have neither rights nor obligations to the mediation content do not sign the mediation document, the effectiveness of the mediation document will be affected, and the rights and interests of other parties will be harmed. Therefore, the "Several Provisions" stipulates: "If the parties who have neither rights nor obligations to the contents of the mediation book do not sign the mediation book, the validity of the mediation book will not be affected."

(six) the validity of the civil mediation:

Mediation refers to a legally binding conciliation statement made by the court according to the settlement agreement reached by the parties. According to the provisions of the Civil Procedure Law, if an agreement is reached through mediation, the people's court shall make a conciliation statement or record the agreement that does not need to be made. The effective conciliation statement and conciliation statement have the same legal effect.

1. Determine the validity of the civil legal relationship between the parties:

After the conciliation statement made by the people's court is delivered to the parties or becomes effective, it shows that both parties have been aware of the disputed civil legal relationship and obtained legal confirmation. The original disputed legal relationship has evolved into an uncontroversial legal relationship. The obligee exercises his rights and the obligor performs his obligations according to law, and the parties may not dispute this legal relationship again. This is the effectiveness of court mediation in substantive law.

2, the effectiveness of the termination of litigation:

If the parties reach a mediation agreement voluntarily, the mediation book and mediation record made by the people's court according to the mediation agreement are the legal confirmation of the mediation agreement of the parties. Therefore, the conciliation statement made by the people's court is served to the parties. After the conciliation statement comes into effect according to law, the disputes over civil rights and interests between the parties have been finally resolved in law, and the parties may not bring a lawsuit to the people's court on the same facts and reasons. This is the effectiveness of court mediation in procedural law. After the conciliation statement and specific conciliation record come into effect according to law, their legal effect is the same as that of the court's effective judgment, and the parties lose the right of appeal. If the parties have objections to the court's conciliation statement or conciliation statement, they cannot appeal. The mediation agreement was reached by both parties through full consultation on a voluntary and legal basis, and both parties were allowed to go back on their word before the mediation book was delivered and the mediation record came into effect according to law. Therefore, there is no legal appeal of the parties to the effective mediation book and mediation record.

(seven) the implementation of civil mediation:

The content of the mediation agreement is the result of careful consideration by the parties and reached voluntarily by both parties. The parties shall perform their obligations in a comprehensive and timely manner according to the contents of the conciliation statement. In judicial practice, under normal circumstances, the parties can consciously perform, but there are also a few parties who are perfidious and refuse to perform the obligations stipulated in the mediation agreement, so there are enforcement problems. According to the law, if one party fails to perform the prescribed obligations, the creditor has the right to apply to the people's court for enforcement.

According to the experience of judicial practice, several common methods to improve the automatic performance rate of civil mediation documents are summarized as follows:

1, the legal provisions of the debtor's guarantee:

The law that the debtor provides guarantee refers to that when the parties reach an agreement, it is agreed that the debtor will provide the corresponding property or the guarantor will guarantee the performance without violating the legal provisions. After reaching an agreement, the parties will be prompted to automatically perform the civil mediation, effectively ensuring the realization of the rights and interests of the party with rights. Article 9 of Several Provisions stipulates: "If the content of the mediation agreement exceeds the claim, the people's court may allow it." Article 1 1 stipulates: "If the mediation agreement stipulates that one party provides a guarantee or the outsider agrees to provide a guarantee for that party, the people's court shall allow it. If an outsider provides a guarantee, the people's court shall specify the guarantor in the conciliation statement and serve the conciliation statement on the guarantor. If the guarantor does not sign the mediation book, it will not affect the entry into force of the mediation book. " These provisions provide a legal basis for the application of security law in civil mediation. The advantage of this method is that the obligor will generally actively perform his obligations after the mediation comes into effect, otherwise the property he provides guarantee will be executed or the guarantor who provides guarantee will bear the guarantee responsibility for him; In addition, even if the debtor fails to perform the contract, due to the guarantee of property or guarantor, the creditor's rights and interests can be realized in time and efficiently after applying for enforcement, which also solves the problem of difficult court enforcement.

2. The debtor's conditions and methods:

The method of attaching conditions to the debtor, that is, it is stipulated in the agreement reached by the parties that if the debtor fails to perform his obligations as agreed, the creditor who gives up his rights should still perform his obligation to pay. This way can also urge the debtor to perform his obligations automatically, because the debtor will consider paying a certain amount and expenses if he fails to perform; Even if the debtor does not perform his obligations automatically, this law can effectively safeguard the rights and interests of creditors.

3, increase the debtor's liability law:

Increase the debtor's liability law, that is, it is stipulated in the agreement reached by the parties that if the debtor fails to perform his obligations, he will pay a certain amount to the creditor. The amount here is not limited by the debtor's actual debt to the creditor, and it can be paid in addition to the actual payment obligation, which has the nature of liquidated damages. Article 10 of several provisions stipulates: "The people's court shall allow the mediation agreement to stipulate that one party shall bear civil liability if it fails to perform the agreement." This provision also provides a legal basis for the application of this method. Using this method will also increase the debtor's enthusiasm and sense of responsibility for fulfilling his obligations, because if the debtor fails to fulfill the agreement, he will consider increasing his burden; Compared with creditors, even if the debtor fails to perform, its legitimate rights and interests will not be harmed.

4. Self-certification performance ability method:

This law means that in the agreement, the obligor guarantees that he has the ability to perform the contract within the agreed scope, so that when the compulsory execution by the court is invalid because he does not automatically perform the contract, he can be investigated for his responsibility with the criminal responsibility of refusing to perform the effective legal documents. Because of this law, the obligor can be deemed to have the ability to perform and refuse to perform until the judicial organ investigates the responsibility of applying the penalty, unless there is enough evidence to prove that his ability to perform is really lost or greatly reduced due to objective reasons such as natural disasters and accidents, thus solving the problem of proving whether the obligor has the ability to perform and refusing to perform. This kind of law also makes the obligor have the deterrent and fear of punishment, so it is often not necessary to really go to the step of investigating criminal responsibility, and it can more effectively restrain and urge the obligor to consciously perform his obligations.

Fourth, conclusion:

The Fourth Plenary Session of the 16th CPC Central Committee put forward the proposition of building a harmonious socialist society. To build a harmonious socialist society with democracy and rule of law, fairness and justice, honesty and friendship, and full of vitality, we must implement Scientific Outlook on Development, establish a positive social stability coordination mechanism, and seriously solve the contradictions and problems in economic and social development. Civil mediation, as a long-term litigation system for solving disputes in people's courts in China, plays an irreplaceable role in eliminating opposition between parties and completely solving disputes. Under the new situation of building a harmonious society, how to improve the ability and level of mediation work and give full play to the role of mediation in solving social contradictions and disputes and stopping disputes is a problem that people's courts constantly think and explore.

Mediation concerns thousands of families and the overall situation of social stability. In the process of mediation, we should always consider the people everywhere, whether before, during or after the court, we should adhere to mediation according to law, mediation with emotion and mediation with reason, and strive to achieve the maximum recognition and satisfaction of the parties, so as to close the case. Mediation involves a wide range and cannot be separated from the coordination and cooperation of relevant departments. People's courts at all levels should constantly broaden the channels of mediation, strengthen contact and communication with relevant personnel and units in the case, form a joint force of mediation, cooperate with each other and make concerted efforts to do a good job in mediation, and reflect the best judicial effect.

References:

[1] Zhang: Tradition and Modern Transformation of Law in China, Law Press.

[2] Liang Zhiping: Seeking harmony in the natural order, China University of Political Science and Law Press.

[3][ America] Robert F. Utter: The Settlement of Legal Disputes in China, translated by Zhou Hong.

[4] Li Rongdi and Tang Dehua: "On Mediation in Civil Litigation in China", contained in "Legal Studies".

[5] Research Office of the First People's Court of Hunan Province: Reconstructing the concept, principle and mechanism of litigation mediation system.

[6] Research Group of China Judges Association: Investigation Report on Mediation in Grassroots Courts, People's Court Newspaper, 3rd edition, July 24, 2004.

[7] Zheng Jiangang: The realization of justice in court mediation.