Research On Prior Conciliation System In China

With the improvement of people’s legal awareness, more and more of them in case of disputes, when chose to use legal weapons to protect themselves. In this context, the Court receives each year showed an explosive growth of cases, courts pressure is increasing. In order to ease pressure on courts all over the world, easing social conflicts, have put "the pluralistic dispute resolution mechanism" mentality. United States introduced the ADR method as early as 1998, become one of the earliest development of the ADR system, Japan also adopted the civil mediation Act, laws such as the law on family mediation the mediation system, China’s Taiwan area of the code of civil procedure also provides for mediation before litigation. People’s Republic of China in August 31,2012 the 28th meeting of the Standing Committee of the 1 lth National People’s Congress successfully passed the proposal to amend the People’s Republic of China civil law decisions of the new code of civil procedure was formally implemented January 1,2013, of which article 122:"prosecution of a party to a people’s Court for civil disputes, suitable for mediation, conciliation, but party refuses mediation, except for. "At this point, the mediation system in China came into being. But due to legal only has a article provides, for judicial practice of guide role is limited, paper to civil method 122th article for perspective, first introduced has first mediation of basic theory, zhihou on China of first mediation implemented of status and problem for analysis, again through and outside related system of compared to found some for improved China first mediation of revelation, last for China first mediation system of perfect proposed some recommends.This article is divided into four parts. The first part introduces the basic theory of mediate, through analysis of the provisions of article 122th of the code of civil procedure, defines the concept of mediation, and then to compare it with a similar concept, showing the advantages of mediation, and finally through value analysis to mediate, clarifies the necessity and legitimacy of its development in China.Part Ⅱ analyses the status and existing problems of mediation practice. Summarized judicial practice of mediate main running modes, analyzing their strengths and weaknesses, and further pointed out that our current system to mediate in areas and necessary measures required, subject, programs are running on the issues, providing ideas for improvements below.Outside of the third part of the system a brief introduction, including the United States, and Japan and China’s Taiwan region system, coupled with China’s actual conditions, obtained for improvements to the enlightenment of the mediation system in China.Part IV focuses on the issues set out above, combined with the successful experience of overseas countries and territories, on how mediation system in China, the wage from the construction of the principles, procedures and measures to build the three aspects of the writer’s opinion.