TOPIC:Study On Conciliation In Advance In Civil Procedure

Civil lawsuit conciliation in advance is a new type of mediation system established in article122of civil procedure law in2012. However, the article only put forward the concept of conciliation in advance and there is no detailed stipulation as to its nature, character. initiation and implementation. Therefore, it is of great importance to clarify the definition, nature and character of Conciliation in advance in the first part of this article. Conciliation in advance is defined as a mediation system conducted by mediators on the basis of the consent of both parties before put on record by the court. It belongs to non-litigation mediation dominated by the court and is one of the diversified dispute settlement systems, with dual nature of judicial and non-judicial, litigation and non-litigation.Conciliation in advance is not built in one day. In the legislative level,"conciliation in advance" as a special term occurred in judicial interpretation and normative documents before, yet is different from the system established in new civil procedure law. In judicial practice, on the other hand, under the impetus of the judicial interpretation and normative documents, courts across China creates distinctive models of conciliation in advance, among which there is pre-sue reconciliation model of People’s Court of Chaoyang District of Beijing, pre-suit mediation model of Shanghai Putong New District Court and mediation window model of Court of Jiangsu. Part two of this article will provide analysis of above-mentioned judicial interpretation and normative documents as well as exploration of judicial practice.On world-wide scale, countries of both Anglo-American law system and continental law system are actively seeking solutions in the face of increasing pressure of litigation. Lawsuit reconciliation system and court mediation system in the United States, pre-sue reconciliation system in Germany, civil mediation system in Japan and pre-sue mediation system in Taiwan, all of which provide reference for our country to solve problems existing in conciliation in advance system. In part three, there is analysis of the above-mentioned systems of other countries, including the advantages and disadvantages, so as to provide valuable experience for our country to establish conciliation in advance system with Chinese characteristics.The fourth part of this article is intended to improve the conciliation in advance system of our country, including some constructive suggestions on the aspect of operation principle, case scope, procedure flow and mediation main body of conciliation in advance. Specific design idea for the improvement of conciliation in advance system is also proposed so as to backbone its development and operation in judicial practice of our country.