On The Innovation Of The Trial System Of The Civil Action In The Basic Level Court

The people's court mediation and trial are civil disputes, settle disputes by means of the same judicial organization by the trial one way to deal with long-standing civil disputes in our country, this combined with trial system in solving civil disputes can maximize the flexibility and initiative, will mediation throughout the whole process of the grass-roots civil trial is also conducive to judge according to the different circumstances of the case the judge mediation suitable time, resolve conflicts and disputes effectively. But when the judge is the mediator is the judge, with two identity is difficult to judge the behavior is consistent with the mediator specification, and meet the requirements of the referee. In the judicial practice, the adjustment of the system of civil action, which is triggered by the adjustment of the trial and the trial, has caused many social problems and brings many negative effects. The author has been engaged in the civil trial work, in the study of mediation skills, sum up the experience of mediation, but also the personal experience of the various drawbacks of the mediation system brought about.In the introduction part, summarized the shortcomings combined with trial system and dispute.The first part summarizes the concept and development process of the civil lawsuit mediation, summed up the civil trial system of mediation in the long-term development is dominant in most of the time, mediation has been paid more attention and emphasis, and the trial function is weakened, the relationship between mediation and trial is not balanced.The second part detailed discussion of China's grassroots civil court trial system existing problems, mainly from four aspects, one is the right one main problem; two is the program one problem; three is the court system design problems; the four is China's mediation system itself the problems. Through the discussion of these four aspects, we can further prove that the current "mediation and trial" system can not adapt to the judicial practice of our country at the present stage.The third part of the three views on regulating the mediation cancellation theory, substitution theory, strengthen the separation of evaluation and summary of the reform, the author agrees to clarify the separation theory, but does not agree with the trial separation point.The fourth part the author thinks that the trial separation is the best choice to improve China's grassroots courts of the civil litigation system, and analyze its feasibility, puts forward the system conception of the trial separation, advocate mediation and trial implementation of appropriate separation of the role of information and procedure, place, and judge on the performance appraisal in the lawsuit in.The conclusion is a summary of the conclusions of this paper, the separation is the system of development to adjust the direction of the future, but at this stage, the implementation of the trial separation has more practical significance of grassroots courts, both contain mandatory mediation and other phenomena occur, and can realize the optimization of resources allocation to mobilize grassroots courts, adapt to the judicial status quo case few people, establishment of trial separation system completely for the next step to prepare.