Study On The People's Court Mediation During Register

Described in this paper "Mediation during register" refers to, after the requirements of the parties to resolve the dispute taken to court ,before the case turns over the related trial department referees, according to an application or consent of the parties , judges in the registration department chair or other personnel involved, the parties reached a settlement or mediation to solve disputes."Mediation during register" as a new court-led dispute resolution, in judicial practice reflects unparalleled advantages: First, from the perspective of justice and efficiency, it is truly pre-litigation mediation and conciliation proceedings closely link together to achieve the rational allocation of judicial resources to improve the quality and effectiveness of the trial; Second, the social effect and the legal effect from the point of view, it is consistent with the traditional and the modern concept of dispute resolution, and will help solve two problems stalking court: magistrates imple- mentation difficulties, letters and visits handling difficult; Third, the judiciary to serve the people, from this point of view, it is convenient to the parties litigation, the parties to reduce litigation costs, is conducive to breaking the "integration of mediation and trial" model, and enhance the confidence of the parties to the court. In short, "Mediation during register" as a new phenomenon, contains a strong vitality, shining humanity inclusive, rational light, is the best mechanism and effective means for dealing with social disputes, in the future, it will play an important role in building the harmonious society in China. But for now, because of its trial run and is in the exploratory stage, the lack of stringent laws, the operation was not standardized, affected its full potential, the remaining need to be further explored and a lot of improvement. This paper on the "Mediation during register" to do a review, which can make some suggestions in its institutional building.Part I of this paper is the "Mediation during register" ontology, it is straight to the point of the proposed concept, characteristics and location, compare it with other forms of similarities and differences between mediation and analysis of the feasibility of implementing it, explore its institutional advantages. Part II is "Mediation during register" mode theory, mainly for domestic and foreign similar to the mediation model were analyzed and investigated, in order to build this system in China has brought a useful inspiration. Part III is "Mediation during register" operating theory, by revealing the problems it runs, and then made clear the principles of its operation, and put forward ideas for its design of the System.