Study On The Subject System Of Conciliation In Advance In Civil Procedure

In the field of civil procedure,the diversified dispute settlement mechanism has become the direction of solving civil disutes,mediation system plays an important role in it.To enrich mediation system,conciliation in advance emerged.Since the civil procedural law has implemented the system of conciliation in advance in 2013,the debate about the system has been constantly these years.One of the reason is the subject of conciliation in advance is ambiguous.As a basic problem,the definiteness of the subject of conciliation in advance,not only enrich the conciliation in advance system theoretically,but also it is a significant factor to promote the system to operate positively in practice.It is necessary to confirm.To study on the subject system,we need to define the meaning of conciliation in advance and its subject at first.Secondly we need to inspect the current situation,it's include that the Supreme People's Court issued “on the people's court's opinions on further deepening the reform of diversified dispute settlement mechanism” in 2016,it pointed out that the special invitation mediation organizations and mediators are the subject;it's also include that several different situations about the subject in practice and the problems.At last offer some proposals to perfect the subject of conciliation in advance.The courts and social forces are two alternative resources,through their own characteristics and compare between them,this paper regard the social forces as the subject of conciliation in advance finally.The extensive range of social forces need us to have further analyse after confirming the subject of conciliation in advance,the aim is to improve the enthusiasm and initiative of social forces to participate in mediation.It is expected that the subject system will continue to explore and develop towards the direction of categorization and specialization.