The Dilemma and Solution of China’s Judicial Mediation

Fei FAN

Abstract


Ever since the mid 1990s, the trial session at the people’s court has undergone a development from complete reliance on the sentence to a combination of mediation and sentence employed in proper cases and then to a combination of priority given to mediation. Current judicial mediation is beset with both internal and external troubles, confronted with condemnation from the academic field as well as doubts about the court system itself. We should conduct a rational analysis on judicial mediation by considering possible challenges as well as affirming its responsibility. Accordingly, proper adjustment should be done to regulate and perfect the principles, case types and supervision of mediation.


Keywords


Civil suit; Combination of mediation and sentence; Fairness and justice; Improvement

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References


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DOI: http://dx.doi.org/10.3968/6648

DOI (PDF): http://dx.doi.org/10.3968/g7180

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