Improvement of the Lawsuit Mediation in the Context of the Harmonious Society——Centring on Separation of Mediation and Judgement and Mediation before Judgement

After our Party has put forward the establishment of the socialist harmonious society,the civil lawsuit mediation system has been promoted and extended once more.Whereas,the lawsuit mediation system ruled by current legislation has produced many irregularities in practice and has become less and less fit for the development of the society and the demands of law.It does not develop the advantages of the mediation,however,it damages the justice of judgment at the time of distorting the mediation system on the contrary.So,this article analyses the disadvantages of the current mediation-judgment-in-one model by setting forth the nature of the lawsuit mediation in the context of harmonious society,and advocates building a kind of lawsuit mediation system which takes agreements of parties as guiding principle and separation of mediation and judgment,mediation before judgment as basic model.