The "Revive" of Mediation,Judicial Function and Institutional Consequence:The Perspective of Hai Rui's Theorem I

Begin from a framework map of typology of disputes,with the Hai Rui's Theorem I and in the perspective of micro actor,this essay analyzed the social reason that mediation revives in today's China and its consequence.The author holds that,if the idea of mediation in justice influences the society of China,the nature of courts,judges and justice in China could change.Based on the principle of Judicial efficiency and in the perspectives of micro actor,it is suggested that China's mediation in courts should be in the way of separating mediation and justice,bringing mediation to its original status,allowing the parties have the right to choose and controlling the process of mediation.