People’s Congress Representatives Criticize SPC’s Mediation Policy

• Author: Wang Yijun et al

A work report of the Supreme People’s Court has revealed that in 2011, the national rate of mediating and dropping lawsuits for civil cases during the first instance was 67.3%. The rates of mediation in 2009 and 2010 were 61.98% and 65.29%, respectively.

National People’s Congress representative Peng Xuefeng said that the courts are increasingly treating the “mediation rate” as assessment criteria for court and judges. Some provincial high courts are pursuing a goal to have all of procedure and judges to conduct mediation without exception. Some courts have even advocated zero sentencing, pursuing a 100% mediation rate. One judge stated that, in order to resolve a case by mediation, he would resort to getting down on his knees to beseech the person.

Representative Wang Liming considers it inappropriate for courts to stipulate a mediation rate, since courts are judicial organs and their basic function is to adjudicate, not to mediate.

The Supreme...