The Study On Improperness Of Combined Mediation Prior To Lawsuit

Combined mediation prior to lawsuit is the topical test about multi-dispute-solved system in a period of social transition China which is still exploring. Although this mechanism can be achieved quickly resolve the dispute, relieve the court in judging pressure, but there are still many problems. As a whole, the mechanism is perverse. It has to up against some challenges such as from illegal to “legal” and function be forced to change under the registration system. In order to provide suggestions with reference value for reform and development of this mediation system in the future, this paper intends to investigate the remodeling of combined mediation prior to lawsuit under the registration system.This article mainly includes three parts: introduction, text and epilogue.Chapter one: overview of combined mediation prior to lawsuit. At first, we introduced the running mode of this mechanism from this ways: the concept of combined mediation prior to lawsuit, the applicable scope of the case, running procedure, formation of mediator, legal effect. Followed paper is going to introduce the value of this mechanism: individual rights relief for the urgent requirement for multi-dispute-solved system and social control theory. Finally, paper going to analyze the practice effect by data form Guangdong courts.Chapter two: the improperness of combined mediation prior to lawsuit. This chapter is going to introduce the advantages and problems of registration system based on the publishment of registration system, emphasized those challenges it forcing such as from illegal to “legal” and function be forced to change under the registration system. Then the article analyzed the improper of this mechanism from three ways: limit the lack of rights protection based on litiscontestation,low standards of poof open a gap for false legal action, unfair in judicial resource distribution.Chapter three: the combined mediation prior to lawsuit in reform. This chapter discusses the plight under registration system from two sides: the conflict between social judiciary and the passiveness of judiciary, cohesive mechanism between combined mediation before the lawsuit and judicial procedure.Chapter four: revelations from foreign countries or area. At first this chapter has to introduce the dissimilation of meditation in our country. Then the paper tell us we need learn to give parties kinds of pathway for different situation parties may suffer in civil procedure by the introduction of lawsuit reconciliation in Japan. Finally we have a definite cognition that mediation procedure should establish around the protection of the litigant’ rights.Chapter five: establish a new mode of combined mediation under separated mediation and trial. We make sure to construct a new mode which is moderately separated between meditation and trail by discuss two kinds of reform scheme. This mechanism is based on mediation entrust to conciliation committee of Taiwan, but it already in keeping with the law of our country. First it needs to update the meditation concept of courts. Not only the reform in meditation value theory, but also to realize the necessity of separated mediation and trial. In detail, it including basic essential questions, procedure regulation and relevant guarantee mechanism. Basic essential questions have to solve many issues, such as the start of the procedure, the scope of case type, the selection of procedure, the set of mediation organization which can shunt the trial pressure, the selection of mediators and the relief ways and so on. On procedure regulation, we have to solve two problems: perfection in litigation risk notification and legal effect affirming mechanism. In the end, on relevant guarantee mechanism, we have to solve these problems: legislative guarantee, strengthen the preferential of meditation in civil litigation fees, punishment mechanism for parties repeal and the relief ways for the third party.