Judgment Combination to Mediation:An Analysis Based on the Practice

Mediation does not mean everything,this judicial policy aims to promote the role of mediation in the civil procedure,and to meet the needs of society,introducing consultative factors in criminal and administrative procedures.In the civil procedure,Mediation Priority is fit to private autonomy,the parties'disciplinary right concerned priority to the public interest consideration,unless the law specifically prohibits or limited circumstances,mediation,negotiation and settlement the right of the parties,and also the judge of the obligations and responsibilities,should not be negative or limiting because of public interest.The basic principle,system,the parties' right and the judge authority,and the remedies of China civil procedure law can guarantee the legitimacy and benefits of mediation.At the same time,litigation mediation must be supported by judgment,that not selective,but inevitable as the judicial proceedings system.In the practice,the most important to accurately grasp the principle and scale of mediation and judgment,avoiding the risk in mediation.In the further development,the mediation combined with judgment can realize more functions and values through the system innovation.