The First Mediation System Of China

August31,2012, the NPC Standing Committee revised the " People’s Republic of China Civil Procedure Law", established the first mediation system. Revised " People’s Republic of China Civil Procedure Law" provisions of Article122," the parties to the people’s court to prosecute civil disputes, suitable for mediation, the first mediation, but the parties refused except mediation." Which states that in order to establish the field of civil litigation of a new system that first mediation system. Establish the system has a major far-reaching significance. Since the reform and opening up, with the continuous development of China’s market economy, the rule of law increasingly sound, the legal concept of continuous improvement of the people, and bring the country with the need to solve a large number of civil court cases a year, according to the "Supreme Court Bulletin " in the statistics, civil cases of first instance court in2009our people accepted as more than5.8million pieces in2010, the people’s court of first instance civil cases accepted by breaking the six million, in2011and more than six one hundred six hundred thousand, in2012it reached more than8.4million pieces per year and showed an increasing trend. Civil cases of first instance on a yearly basis to the People’s Court of China’s tremendous pressure, especially grassroots people’s courts. The first mediation established system, the legislature passed legislation clearly gives the court power to the admissibility of the case before filing for mediation, the court has been filed in advance of mediation before accepting laws to follow. So there will be a large number of civil cases did not enter the proceedings before it has been resolved, it will ease the pressure on the People’s Court in the trial to some extent, the Civil Procedure Law to modify the established mediation system is our first alternative dispute resolution mechanisms (ADR) is an important part of our society for improving dispute resolution system, improve China’s socialist rule of law is important. However, it should be noted that the first mediation system established by the Civil Procedure Law of the times there are many inadequacies in the modification of the Civil Procedure Law of the future needs to be improved. This paper is divided into five chapters. The first chapter is an overview of mediation first chapter points out the country has no concept of mediation in advance a clear situation, leading to the concept of mediation were clear. The second chapter is the first principle of mediation, conciliation elaborated first four principles, namely the voluntary principle, the principle of confidentiality, efficient and convenient principle, the principle of confidentiality. The third chapter is the specific content of mediation first interpretation, analysis of the scope of the first mediation, conciliation body first, ahead of the start of mediation, conciliation first, the results and effectiveness of mediation in advance and the costs of mediation in advance, clearly explained in advance mediation system in practice how should the specific application. The fourth chapter is insufficient advance mediation system, a list of the inadequacies of our first mediation system. Perfect fifth chapter first mediation system for our first mediation system problems still exist, suggestions modified, the Civil Procedure Law of China’s future perfect advice.