The First Mediation System In Civil Lawsuit

First attempt to conciliate as a new member of the family of diversified dispute settlement mechanism, it under the environment of big mediation mechanism arises at the historic moment, moderate in mediation under the concept of social development and promotion. Leading new mediation system enriches the existing mediation system in our country, enriched our original dispute resolution mechanism. Based on the new changes of the civilian law, the provisions of article 122 of the court to the disputes between the parties shall first attempt to conciliate has legitimacy, but the terms on the rationality and legitimacy is still has many deficiencies. Therefore, the author reviews the connotation, the advantages of the first attempt to conciliate, defect and perfect the advice to be thorough thinking and research, expect to improve in the future operation of the "first attempt to conciliate" program to provide beneficial help, and help to guide the people’s court for judicial practice.A scientific and effective operation of the legal system relies on the perfect application Settings as a guarantee. In terms of first mediation system, the existing law to ensure the legitimacy of the existence of the system only, but the lack of a mature system design, makes the first mediation system exist in the practice the lack of the basis and guarantee, which leads to the system cannot play its proper role. At first, this paper starts with the concept of first attempt to conciliate, clear to first attempt to conciliate the applicable scope of time and space, and the first mediation system are compared with those of the other mediation system, then analyzes the flaws of the traditional way of mediation in our country and the insufficiency, which naturally leads to the rationality and necessity of the existence of court mediation first. Based on the investigation to the outside the relevant similar system, put forward opinions and Suggestions to perfect the first mediation system. Perfect advice section on the first attempt to conciliate the basic principle, applicable conditions, scope of application, personnel organization setup, etc for detailed discussion, boldly put forward opinions and Suggestions.This article, through the first four parts of brewing, has been clear about the advance of the defects in the mediation system and puts forward the measures to improve the first mediation system of our country. Based on defining the first mediation system applicable scope of space and time, set the specific procedures for the key, and the mediation of defect shall be briefly how to relief and security, so as to make the first mediation system to be more perfect, for the future judicial practice how to apply first mediation system provides a good reference.