Research On The Civil Pre-litigation Mediation System In China

Civil pre-litigation mediation as a new procedure or litigation system to resolve the dispute, is accompanied by the revival of litigation mediation, in the mediation of "moderate socialization" concept to develop and promote the. In recent years, more and more courts across the country start trial, the Supreme People’s court in the continuous strengthening of mediation, including pre-litigation, including the case of mediation, commissioned by the mediation of research guidance. However, the pre-litigation mediation system has not yet formed a unified model and practice at all levels of the court. The study of the pre-litigation mediation system in China’s civil action has important theoretical and practical significance. The purpose of this paper focused in front of the Chinese judicial system within the scope of the civil lawsuit mediation system analysis and improvement. Objective to study mainly lies in through in front of a civil lawsuit mediation system general theory and the purpose of the establishment of a study, based on China’s relevant legal practice, the analysis of which existing prominent problems, combined with the useful experience of foreign related legal system, finally puts forward the relevant legal system is proposed and demonstrated.According to the relevant provisions of the legislation, civil lawsuit pre-litigation mediation system generally refers to parties to the people’s court submit a complaint or verbally prosecution, the people’s court to be officially registered, the parties on a voluntary basis, by the people’s court around when the civil disputes between the parties for mediation system or non litigation dispute resolution mechanism. Lawsuit pre-litigation mediation characteristics can be summarized as the following aspects: first of all, pre-litigation mediation system carries out the principle of equality, voluntaries and autonomy in a greater degree; secondly, the pre-litigation mediation presided over the subject is special, led by the court, but the range more widely; thirdly, civil lawsuit mediation system relatively independent in the program and the specific operating mode is also more flexible; finally, pre-litigation mediation on the occurrence stage has particularity.In the study pre-litigation mediation system on our country related topics and begin to practice of system construction process, should always be understanding of the following aspects: first of all, the pre-litigation mediation system construction and operation of deeply rooted in the concept of Chinese traditional culture; secondly, pre-litigation mediation system establishment and operation should be engaged in judicial resources intensive utilization; again, the civil lawsuit mediation system development both should be based on the actual legislation, and should pay full attention to the summary and promotion of grass-roots experience; finally, the pre litigation mediation system construction should be were incorporated into the overall situation of the society within the scope of the diversification of the dispute settlement mechanism to be examined.Discussed pre-litigation mediation system in our country set up a goal, aims to clear the system construction and the development of the basic starting point and measure. Combining legislation and judicial practice, our country civil lawsuit mediation system before the establishment of purpose should include: the timely and efficient of dispute will check fully guarantee democratic participation, the booster, improve judicial efficiency, construct a harmonious society.Although established judicial practice and the related legal system has made a lot of progress, the civil procedure law also gives clear support, but in the current stage, the construction of pre-litigation mediation system of our country and relevant judicial practice there are still many deficiencies and problems, mainly reflected as follows: imperfect laws and regulations, both the lack of unified regulation, also lack of operating rules; Some cases in the judicial practice to boot, against the will of the parties, against voluntary basis; System of the general rules of pre-litigation mediation procedures set less attention, causing many problems; In some cases because of the lack of system design or improper operation lead to actual judicial resources waste; Based on various aspects reason, some by pre-litigation mediation and the formation of the settlement agreement or the relevant legal documents are difficult to obtain the actual execution.For overseas experience, the construction of pre-litigation mediation system in our country mainly includes: which can be used for reference to the mediation and trial subject should be separate and independent; The pre-litigation mediation can be divided into mandatory mediation before litigation and the arbitrariness of mediation before litigation; In terms of the main body of mediation before litigation activities, both should be prudent to delimit, more should adopt the attitude of all rivers run into sea, widely attract talent; For the pre-litigation mediation and form the legal effect of mediation agreement, should be considered, for when conditions are ripe, should be gradually strengthen the force of law and enforcement effectiveness. And suggestions of perfecting our country’s pre-litigation mediation system mainly includes: perfecting the system of legislation system, a unified system of principles, detailed system program design, strengthening the supervision system applications, pay attention to the relevant law.