Study On Conciliation In Advance In Civil Procedure

August 31, 2012, the latest revised the civil procedure law of the People’s Republic of China(hereinafter referred to as the civilian law) the 122 th regulation: "Sue to the people’s court of civil disputes, the parties for conciliation, mediation first, except that the parties refuses to mediate." For this new system, academic circles generally call ahead of mediation system, and that its main function is to split the case, for the business department during the court trial. But which is too simple, does not relate to the principles of leading mediation system, the applicable scope, applicable conditions and program operation and the result that specific operation specification. Moreover, the supreme people’s court has yet to introduce detailed judicial interpretation, thus, lead to different judicial practice operation. If you want to play the effect of the mediation system first, must be the deficiencies for in-depth analysis and put forward the corresponding improvement Suggestions.This article mainly discusses from four chapters on the first attempt to conciliate the, the first chapter is an overview of the first attempt to conciliate the first section is why will first attempt to conciliate into laws legislation background; The second section is about the concept of the first attempt to conciliate and existing different understanding; The last section is the first attempt to conciliate the nature of the analysis. The second chapter analysis of the operation situation of leading mediation in our country in recent years, combined with the actual situation reflects some of the problems, is divided into two sections: the legislative status and judicial status quo and existing problems, for the construction of the fourth chapter first attempt to conciliate groundwork; The third chapter is a reference to the United States, Japan, Germany, some similar system of Taiwan area in our country, and the beneficial reference and absorbing foreign system, for the first mediation system in our country fresh blood; The fourth chapter is about the first attempt to conciliate the rational building in our country, divided into four sections, mainly from the clear first attempt to conciliate the nature, the results and effectiveness of mediation, establish the first principle of mediation, clear first attempt to conciliate the main body and the types of cases for mediation, the last is about the first attempt to conciliate construction program.