| Summary: | 碩士 === 東吳大學 === 法律學系 === 104 === Since ancient times, China has valued mediation, an important resource of traditional legal culture and the most effective and direct way of solving social disputes. As a result, it is an important mechanism to settle disputes. Referring to the attempt to settle a legal dispute in order to reduce litigation, mediation is applied by the party concerned or held by the people's court, the court, the mediation organizations when they think it possible to resolve the dispute via troubleshooting, persuading skills, and therefore reaching mutual understanding. What’s better, the financial cost is less than fighting the matter out in court and may achieve early settlement and an end to anxiety.
This paper aims to discuss the civil mediation on mainland China, including the court mediation and people's mediation. The court mediation, presided by the judges of the people’s court, helps both parties reach agreement on civil rights disputes. It is a litigation activity and a way of settlement. Owing to the fact that the legalization of the court mediation system is not long, it has not been proven effective to resolve disputes and thus increasingly becomes the focus of attention from theory to practice.
As about people's mediation system, known as an oriental experience or oriental flower, plays a unique role to mediate civil disputes and has a long history of development. Under different circumstances, mediators take different ways to mediate civil disputes, and therefore the parties reach an agreement of their free own will.
Enacted in 2011, the People's Mediation Law regulations, which highlights their advantages of informality, flexibility and convenience. The people's mediation committee not only accepts the application of the party concerned but also actively gets involved in the mediation, except that the party disagrees.
Nowadays cross-strait relations between China and Taiwan are close. Due to different legal systems in life and in business, people need to understand each other's laws and regulations, to be able to settle disputes just in case. After 2012, Fujian High People's Court hired five Taiwanese businessmen as mediators to mediate commercial and civil cases on February 27, 2014. This helps Taiwanese trust China’s trial and mediation. Besides, it gives a piece of evidence that China has put an emphasis on Taiwanese businessman.
To sum up, this paper aims to broaden Taiwan people’s horizons over everything from the historical development of Chinese civil mediation systems compared with those of other countries, the reports on court mediation and people's mediation to other mechanisms of mediation, making them catch a glimpse of Chinese civil mediation as a whole.
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