Research On The Pretrial Mediation Of Economical Dispute

In With the development of Chinese economic and the transformation, interest relationship among people become more and more diversified, social contradiction emerge in an endless stream, economical disputes take on characteristic of complexity and diversity。Procedure had the inherent drawbacks, and referees should strictly apply law, however, the judgment only distinguish between truth and falsehood is not necessarily suitable for specific civil disputes, and the reason, ethics, customs and local customs in some disputes resolution process requires comprehensive consideration。In addition, high antagonism of litigation make the burden of proof, cross-examination and debate continue in a tense atmosphere, and the high resistance of the atmosphere make it difficult for the parties to calm down and think about the possible results,and ultimately the non-black and white judgment is not conductive to mutual relationship。Mediation procedure before litigation is a system innovation that court remedy the defects of court proceedings and cope with diverse civil cases, and it is a reflection that the judicial function extends to the case,and it is an innovative governance mode that the court manage the society and settle disputes with the way of trial。The process that mediation procedure before litigation cope with disputes is not according to law, and the agreement of mutual agreement is more based on specified custom,human feelings,village regulations and soft law。The mediation agreement helps to truly solve the dispute,to end the case, settle the legal effect of contention,achieve substantial justice。The mediation process is carried out in a relax atmosphere, and the parties may each airs his own views。By means of information communication interested parties are easy to make a judgment in a calm mood, which helps to reach a mediation agreement。Mediation procedure before litigation is a procedure that the court guides the parties to choose the pre-litigation Mediation Program according the case characteristic before the court,and it is a reflection that judicial dispute resolution extends to pr-trial, and it is the essence of the performance of judicial activism。In order to deal with litigation explosion and many court case,local court try to apply mediation procedure before litigation in the settlement of disputes,extend the judicial power to the pre-trial, make social forces participate in the procedure, and provide alternative dispute resolution for the party。But the pre-litigation mediation program will also appear some problems in the actual operation,such as the inappropriate use of mediation and judgment,the imperfect court supervision and punishment and the lack of mandatory pre-trial mediation。The paper analyzes the problem of pre-litigation mediation program from the perspective of social evidence,put forward some suggestions of China’s pretrial mediation procedure, which is based on the legal nature of pretrial mediation procedure, theoretical analysis and the foreign reference system, and hope to be beneficial for constructing China’s pretrial mediate...