Study On Establishment Of Court-annexed Conciliation System In China

Plural society shows multifactor conflicts, which forms diversely disputes resolution mechanism. For a long time, the traditional court mediation played an important part in dealing disputes and stabilizing society. However, with the economic development and further trial reform, the present court mediation system has evidently fell behind the step of the development. The origin route shall be conversed and mediation shall be extended to the pretrial procedure to rebuild the mediation system which can accord with the modern nomocracy. The paper focuses on the court- annexed conciliation in the pretrial procedure system, which dissolve the disputes with the court participating in the pretrial procedure.Firstly, the paper gives a reading on the present situation, in which the voluntary principle can't be fully guaranteed, the legal principle can't be efficiently reflected, the economic and efficiency merit can't work efficiently. In the following the paper makes cause analysis on the malpractice of the court mediation, the disadvantage of the system, the faultiness of the assessment mechanism and the short of punishment measures.With the deep going of national economic system reform, the social conflict trends to be intensified, which reflected in the civil suit field is the disputes growing day and day, the intensified conflicts increasing, the number of cases in the courts increasing sharply and the same of the pressure. The paper puts forward to establish the pretrial court -annexed conciliation based on the necessity and feasibility study.As follow, the paper outlines the relevant basic principles of the pretrial system. The paper makes an analysis on the conception, the characteristic, the legal nature and the application principle of the pretrial conciliation one by one, which provides the establishment of the pretrial court-annexed conciliation system with the theoretical foundation. The relevant legal system home and abroad need to be introduced compared and filtered in order to establish the pretrial court-annexed conciliation system. Because China, Japan and Taiwan District all belong to Southeast Asia and have the similar east culture origins, the paper mainly introduces the pretrial conciliation system in Japan and Taiwan District, also makes a comparative analysis on the pretrial mediation mode in shanghai area in practice, which helps to put forward the detailed tentative plan for the establishment of the pretrial court-annexed mediation.Finally, the paper makes assumption of the following: the choice of the pretrial court-annexed conciliation, the application of the pretrial mode, the application scope of the cases, the determination of the people charging the conciliation, the project of the place, the time limit, the deductions and exemptions of the litigation fee and the determination of the force of agreement, through which helps the courts to build the court -annexed conciliation.The author is a civil judge of a primary court. The forming of the paper originated from some phenomena and questions in the trial practice, which initiated thinking to propose some ideas as above.