A Study On The Pre - Convolution Mechanism Of Chinese Courts

In recent years, along with the revival of the judicial mediation, the court began the development and promotion of pre-litigation mediation mechanism. The rise of mediation before litigation mechanism includes both the complex practical reasons, and deep cultural and historical roots. Our society is in transition and the social structure is undergoing profound changes. This is the reality of pre-litigation mediation mechanism. China’s long tradition of mediation system is also the social and environmental factors why pre-litigation mediation mechanism has been developing so rapidly. The pre-litigation mediation mechanism is part of the contemporary diversified dispute resolution mechanism. It is of great significance to study the pre-litigation mediation mechanism.The thesis is divided into four sections.The first section analyzes the connotation, theoretical foundation, function and value of the pre-litigation mediation mechanism and thus clear theoretical study and practical significance of this mechanism.The second section describes the background of how the pre-litigation mediation mechanism established, mainly from three aspects of the historical and cultural origins, history background of the times and the development of judicial philosophy transition.The third section focuses on the status quo of the pre-litigation mediation mechanism, by using the Shanghai court pre-litigation mediation mechanisms as example to analyze. All over the court in practice mode, there are similarities among these modes and there are some different. The article also discusses the convergence of the pre-litigation mediation mechanism with other systems.Finally, the article arrives at a summary that what the court pre-litigation mediation mechanism is facing, and then supplies a perfect path selection of the mechanisms.