On The Advance Mediation System In Civil Litigation

With the great progress of the legal construction in our country,the legal consciousness of the masses is becoming stronger and stronger.with the sustained economic and social development and the frequent interests of friction between people,China's civil cases has becoming not only in the number of explosive growth,but also increasingly diversified,which can undoubtedly cause enormous pressure to china's limited judicial resources.In order to alleviate the pressure of the court department,split the case disputes and the integrate the social resources to resolve the contradictions,china has revised "Civil Procedure Law" and added the Premediating system in the 2012.However,the provisions of law are too simple and deficiencies of the first mediation system are so many that a series of theoretical and practical issues are undecided.The United States and China Taiwan area have already established a similar system.These countries and regions have a mature operating mechanism and achieved good social results.In this context,the article is grounded in a more mature system.Studied and learned from the relevant countries and regions of the relevant system practice model,combined with China's existing problems,the article put forward the idea of improving the first mediation system which from the legislative and judicial point of view.In the aspect of legislation,should refine specific programming,It includes clear application conditions,scope of cases and the effectiveness of conciliation agreements,the parties should be applied under the premise of the production of mediation by giving coercive force.In the area of justice,it is necessary to improve the convergence of the earlier mediation.It is recommended to enable the "pre-filing" procedure to achieve the cohesion of first mediation and judicial proceedings.At the same time,we should optimize the integration of judicial resources so that we can give full play to the first mediation to quickly and effectively resolve the advantages of disputes.