Research On The Mediation System Before Filing A Case

In the revision of the Civil Procedure Law in 2012,China first mentioned the "pre-mediation" system.Its purpose is to alleviate the current situation of court practice of "more cases and fewer cases",and to solve and guide civil disputes more efficiently and reasonably.On June 7,2010,the Supreme People's Court formulated "Several Opinions on Further Implementing the Working Principles of" Priority of Mediation and Combination of Mediation and Judgment",which further guaranteed the implementation of prior mediation work.In this context,because the development of mediation system is in the exploratory stage before filing the case,it still faces a series of problems,such as insufficient funds,lack of credibility,insufficient guarantee of mediation effectiveness,unclear scope of acceptance,and so on.Based on the academic theory of mediation before filing a case,this thesis combs the problems of mediation before filing a case and explores the ways to solve them from practice,in order to benefit the system of mediation before filing a case.In addition to the introduction and the concluding remarks,this thesis contains four chapters:The first chapter is mainly about the basic theory of mediation before filing a case.First,it defines the concept of prior mediation,and then compares the concept of prior mediation with other related concepts,mainly including the differences with people's mediation and court mediation.Finally,the theoretical and practical value of prior mediation is discussed.Chapter two makes an empirical study on the specific operation of mediation before filing a case in China and the existing problems in practice.This part will take the people's courts at all levels in Yunnan Province as the main research object,and interview the judges,lawyers and related parties.Combining with the relevant statistical data of the court,it will analyze the specific operation of pre-mediation in practice,summarize the results and experience,and try to find out some possible shortcomings,and analyze the possible reasons for these shortcomings.Chapter three makes a comparative study on mediation before filing a case and related mediation abroad.By collecting and comparing the existing literature in foreign languages,this thesis compares the ADR system in China with the ADR system attached by American courts,the Court-attached mediation system in Britain and the Japanese mediation system and the pre-litigation mediation system in Taiwan region of China.The difference and connection of degree and the study of foreign advanced pre-litigation diversified dispute settlement mechanism also enable China's pre-litigation mediation mechanism to meet the needs of people to solve disputes quickly,safeguard their legitimate rights and interests,and reduce litigation costs.Chapter IV puts forward specific suggestions on the reform and improvement of mediation system before filing a case.Article 122 of the revised Civil Procedure Law clearly stipulates "prior mediation",but this amendment still follows the legislative concept of "appropriate roughness but not detail".There is only a definitive provision on the content of mediation.Due to the lack of supporting operational procedures,the actual operation is arbitrary,and it is difficult to play the institutional function of promoting dispute resolution.This section will mainly put forward specific legislative proposals on the principles of mediation before filing,the main body of mediation,the scope of application of mediation cases,the effectiveness of mediation,the duration of mediation,mediation costs and so on.