Construction Of Pre-litigation System’s

With the development and progress of society, Court in the whole country pay more and more attention to mediation work.The people’s courts at various levels make special mediation index as a important key Performance Index of judges.However, the Chinese civil mediation system is still not perfect at this stage, which is displayed by legally prescribed functions and powers and the restriction of parties’independency. At present,the combination of the judgment and mediation makes the judge’s discretion can not be restricted validly,etc.Forthis reasion, it’s very practically meaningful to add new mediation models to original ones.Although The new Civil Procedural Law (2012) added provisions of the conformation of people’s mediation agreement, the mediation before trial in this paper refers to judge chaired mediation which is between charge and trial.And the people’s mediation agreement which needs not be reconfirmed by the court is agreed under judjes’preside. The people’s mediation agreement have force of law and enforcement potency.We hope that more and more peopele pay more and more attention to the mediation before trial,make it more and more perfect and make it works better.In this paper, we dicussed the construction of the mediation before trial, pointed out the practical significance of the construction of the mediation before trial,analysised the factors which affects the function of the the mediation before trial.We raised the section and specific procedures of the pre-action mediation to these factors.In this paper from theoretical basis of the pre-pleading mediation.the construction of the basic principle of pre-action mediation.the assumpation of pre-action mediation and some important issues in the construction of pre-pleading mediation is introduced and discussed...