Study On The Relationship Between The Mediation And Gudgment To Our Country Civil Lawsuit

Abstract:Starting in2002, the supreme people’s court gradually adjust before judicial reform train of thought, in2005put forward "transfer is adjustable, when the sentence is convicted, sentenced to combine", called16-character guideline; in2009put forward " mediation first, adjust to combine "eight guidelines, new revisions of the civil procedure law draft through2012, which puts forward the concept of first attempt to conciliate, time is the main way of court litigation disputes litigation mediation, but we also should notice to whether mediation priority or first mediation in the process of practical use and certain confusion, we should clarify the case transferred to, in this way can we truly achieve the legal effect and social effect of case knot.For lawsuit mediation priority and the first attempt to conciliate confusion in the reality, puts forward the sentence not only to combine, the more to separation, a pitch to separation and sentenced to mutual cooperation, in order to solve the current transferred to the judicial practice caused by the combination of abuses, realization of lawsuit mediation important value in solving disputes litigation, the lawsuit mediation play a more important role in the judicial practice. Emphasizes the important role of lawsuit mediation at the same time, the court can not blindly pursue mediation mediation is the highest priority, should correct understanding of the supreme people’s court mediation prior judicial policy and xinmin v. method proposed by the first attempt to conciliate stipulated in the provisions, the sentence should be combined with also want separation, the well needs both division of labor and cooperation. Only transferred to fully recognize lawsuit relations, to better play to the role of the lawsuit mediation, to better execute the supreme people’s court mediation prior judicial policy, xinmin v. can better apply in the first attempt to conciliate the law.