Construction Of Civil Procedure "Tune Trial Separation" Regime

"Tune trial separation" refers to mediation in civil,assume judicial functions and assume the functions of the staff of conciliation phase separation to avoid mutual interference due to the dual role of the trial and at the same time the burden arising from mediation functions,normal treatment on the dispute.As opposed to "tune trial one" is concerned,it is in the protection of procedural justice,safeguard judicial authority,to resolve social conflicts more advantageous terms.Since 2004,the Supreme Court through the relevant judicial interpretations,and vigorously promote assisted mediation,conciliation commission,judicial practice pretrial mediation system and encourage people's courts at all levels better coordination and mediation from the relationship between referees starting to actively explore use "tune trial separation" and mediation,and achieved good results;in 2012 China's newly revised "People's Republic of China Civil Procedure law," the provisions of the first formal mediation system and the pretrial mediation system,and further enrich our mediation in Civil Proceedings content;but also for the implementation of "mediation and trial separation" system in China has laid a legal foundation.However,at present China's "trial separation adjustment" system is also largely remain in a number of judicial practice and exploration level,it failed to have a complete system of legal norms of the system.The reason is mainly the legislation on the "adjustment trial separation" attitude is unknown,the relevant legal system is too principled,abstract,resulting in the judiciary as to whether to use,how to use the "tune trial separation" in doubt,there is no uniform standard operating practice.In view of this,on the basis of civil litigation mediation system,drawing on outside experience,to build our legal basis "tune trial separation" system,there are legislative and judicial dilemma predicament analysis,and legislation from perfect,the establishment of aspects of institutional system and safeguard measures proposed to build "tune trial separation" regime in our conception.This paper consists of an introduction,Civil Action "tune trial separation" Introduction to the system,outside mediation system introduction and reference,related to exploration of Civil Procedure "tune trial separation" system,China adopted the plight of Civil Procedure "tune trial separation" system is facing,the implementation of civil litigation "tune trial separation" concrete vision system,consisting conclusion of seven parts.The introduction describes the research background and research ideas.The first chapter of "tune trial separation" concept and features are briefly described.The second chapter of Germany,Japan and the United States and China with mediation system introduced a similar system,and to analyze its institutional structure,staffing and functions of the system and improve the development of China has reference value place.The third chapter by describing mediation occupies an important share of the China civil action,as well as "tune trial one" defect indeed reflected in reality,suggests the need for a "tune-trial one" defect rectification system,and our country development and institutional provisions of mediation in Civil Proceedings Situation introduced.The fourth chapter consolidates the existing mediation system exists abstract legislation,lack of judicial resources and other issues.The fifth chapter is constructed in Civil Procedure "tune trial separation" system from the following aspects: clearly defined in the legislation should be applied to "tune trial separation" to further refine the legislation on the mediation system operation and its judges serve as mediators mandate the relevant provisions;in the trial to mediation,it is recommended empowerment chosen by the parties,the parties may choose whether to allow the full court mediation organizations based on their level of trust in the full court,but to bear the expenses see conciliator;the administration of justice,should set up specialized the team of mediators,and made recommendations for its team construction;improve the supporting mechanism to assist in mediation,conciliation commission and other dispute resolution mechanisms to improve the requests,in order to improve these systems through alleviate Civil intercession judge pressure,improve the quality of civil litigation conciliation.The end of the main contents of this article are summarized and comb.In order to provide the legislative and judicial references for the Construction of Civil Procedure "tune trial separation" system.Deficiencies thoughtful place,but also urge scholars exhibitions.