Study Of Non-litigious Civil Mediation System

Non-lawsuit civil intercession is a good practice of long history in China. But we ourselves have neglected the tradition of non-lawsuit intercession, once called the oriental experience in our process of ruling by law. Now it is vigorous in those highly law-ruling western countries, and can be seen in various forms in dispute settlement mechanism in such countries. Now, China is at its preliminary stage of building socialist country, which requires a harmonious and stable internal environment to develop its economy. Too much lawsuits will obviously increase unstable factors in society, waste more lawsuit resources, intensify egoism and confrontation psychology, weaken merits of tolerance coordination, and will be no good to stableness and harmony of social order. In light of this, we must understand the core spirit of non-lawsuit civil intercession in the history of China, learn from the latest development result in non-lawsuit dispute settlement mechanism in other countries, build up a non-lawsuit civil intercession mechanism which rooted in traditional Chinese culture, but endowed with modern feature.We have to realize that traditional non-lawsuit civil intercession has its limitation in dispute settlement result due to lackness of system support. To revitalize it, we have to reform it in modern system aspect, since it has been proved that an intercession without system support is so weak.Through the design of modern agreement system and procedure system, the paper seeks an integration between China's tradition of non-lawsuit intercession with the legal principle of self ruling of civil rights, advocates giving legal power to intercession agreements conditionally, to build up the non-lawsuit civil intercession system for dispute settlement in China.The core of non-lawsuit civil intercession system design is how to enhance the ruling power of intercession agreements, to encourage and guide relevant parties to use non-lawsuit measures to settle disputes, and to release pressure on legal system caused by dramatic increase of lawsuits.The paper designed four types of power status for non-lawsuit intercessionagreement: 1). Limit the route of lawsuit and binding on legal organs. Non-lawsuit intercession agreement changes the normal legal procedure of settling disputes. If one party does not implement the intercession agreement, the other party can request the people's court to respect the agreement as lawsuit basis. 2). Obtain legal power of compulsory enforcement. In common cases, when intercession agreement can not be enforced and then court is involved, most judges will not respect the enforcement power of such agreement, which hinders the use of non -lawsuit intercession in settling disputes and increases the cost of dispute settlement. But if there are no substantial differences between intercession results with the involvement of court, then the court may directly request enforcement of such intercession. 3). Prevent the effectiveness flawsuit procedure. The disputing parties could cover some provision in the agreement that no one should file a lawsuit against the same dispute. Then in further, creates the absolute and relative non-lawsuit results. 4). Intercession agreement does not creates self-recognized power in lawsuit. In the process of intercession, to settle the disputes, some compromises are necessary. If intercession agreement is respected, then no detailed discussion on its future influence will be required. If the agreement is not respected, the agreement does not creates self-recognized results.Based on the above, the paper designs four types of intercession: notarized intercession, court witnessed intercession, lawyers witnessed intercession, administrative intercession. Different type of intercession has different results and power status. People may choose accordingly.The paper proposes a non-lawsuit civil intercession system that both reflects the concept of self-ruling of civil rights, and inherits the traditional moral feature of China, with the purpose of utilize and reform the existing and prevailing practice of "self-settlement of disputes" in China. Thus, explores a new road to settle disputes and build up a harmonious social relationship.