Investigation And Analysis Of Conciliation In Advance Operating Conditions In A District Of Taiyuan City

"People’s Republic of China Civil Procedure Law," was amended in 2012,an increase of advance mediation system Article 122 of the new law,The new system is designed to cope with the demands of the contradictions and judicial resources,diversion litigation,reduce the pressure trial court;the parties to facilitate and reduce the parties v.Tired,easing social conflicts.While the first legal mediation system has been written,but the implementation of the relevant comments in advance of the mediation,the specific implementation details still no uniform requirement,which also led to the regional court there have been many problems in practice the system process,For example,increase the time costs of the parties,conciliate low conciliate the program useless,abuse of mediation procedures in advance.In this paper,a district of Taiyuan City People’s Court as the sample combined with other data from the literature,as well as to show the positive effects of the system deficiencies and defects in the judicial practice in this area,and through the analysis of judicial practice deficiencies and defects of the reasons put forward corresponding improvement opinions.In this paper,empirical analysis method to complete.Paper consists of an introduction,body and conclusion of three parts,the contents of which body part contains are:Part 1:Introduction of a Health District People’s Court in Taiyuan first mediation system.detailed analysis of Taiyuan District People’s Court to implement a mediation system first and basic purpose,namely diversion cases,formed v adjustment mode convergence,convenient parties,alleviate social contradictions;District People’s Court as well as a first attempt to conciliate the health system,from the applicable rate in advance of mediation,conciliation cause of action first distributed,diversified modes of mediation,conciliation and other aspects of the analysis period.PartⅡ:Analysis of first mediation system operation problems and causes.Combined with the first part of the survey data and other information,the system results in judicial practice problem that chooses passive,the legal quality of the Mediator needs to be improved,first rate applicable mediation,lawsuit and intermediation unregulated four aspect.Chosen by the parties in advance include passive mediation system unfamiliar intellectual and parties forced into the first of the conciliation proceedings.PartⅢ:first is to improve the mediation system.Specifically for the explicit content of the settlement system that is first to determine the scope of the case is relatively clear mediation period;establishment conciliate the pre-filing system;Perfection conciliate mechanism is provided that is fulfilling professional mediation team,the first complete mediation ancillary facilities to support appropriate funding.