Chinese Education Civil Dispute Lawsuit Mediation Necessary Procedure Research

As Chinese education legal process,education civil dispute settlement mechanism has aroused widespread concern in society both in theoretical level or practical level. How to resolve education civil disputes better, how to protect the legitimate rights and interests of education civil disputes party has aroused the attention of scholars.A connection is found from education dispute judicial relief and social relief, for education civil dispute lawsuit mediation necessary procedure. The author tries to demonstrate a new dispute settlement mechanism to settle education civil dispute better. The study, based on phenomenon and essence of education civil dispute, using basic theory of education, sociology, law and ethnics, tries to perfect theory system of Chinese education dispute settlement mechanism, and to supply a gap for Chinese education dispute settlement mechanism. Chinese education civil disputes lawsuit mediation necessary procedure, which is helpful for the healthy development of national education career, is an important part of national education legal system.With the particularity of education civil disputes, Chinese education dispute settlement mechanism requires a new integration and application. Between litigation and non-litigation channels, the study finds a link, which has both the efficiency and specificity of lawsuit dispute settlement mechanism,and flexibility of non-litigious dispute mechanism. The education civil dispute lawsuit mediation necessary procedure is a dispute settlement mechanism, which is a kind of combination of lawsuit and non-litigious, a combination of diversification and specialization, which the mediation system is introduced as a necessary procedure into the education civil dispute lawsuit. The mediation for traditional social relief methods used as filter of judicial relief. If the mediation is failed, the education civil dispute will execute judicial judgment process. The education civil dispute lawsuit mediation necessary procedure plays an important role in the field of special education civil dispute.The main innovation in the study is to find a link of education civil dispute from lawsuit relief and social relief, and to create a new education civil dispute mediation integration system.