Study On Mediation System For Civil Pre-court Meetings

In 2015,the judicial interpretation of the Supreme people's Court on the Civil procedure Law of the People's Republic of China(hereinafter referred to as the interpretation of the Civil procedure Law)for the first time stipulated the pre-court meeting system,which complied with the need of deepening the reform of the judicial system.However,the judicial interpretation provides more principles for the system of pre-court meetings,which provides for the matters including mediation that can be carried out by the pre-court meetings,but how to operate them in detail is vague,which makes the operation different in practice.This paper focuses on the mediation system of the pre-court meeting in civil litigation.On the basis of analyzing the present situation and problems of the mediation system of the pre-court meeting of civil litigation in our country,this paper draws lessons from the related system of the mediation of the pre-court meeting of the foreign court.In order to improve the mediation system of pre-court meeting in China,some suggestions are put forward.This paper analyzes the concept and background of pre-trial meeting from the point of view of system overview,and clarifies the importance of pre-trial meeting in the procedure of pre-trial preparation.Then it analyzes the function of the mediation system of the pre-court meeting from three aspects: the maintenance of the rights of the parties,the efficiency of the litigation,and the reduction of the litigation confrontation.Secondly,it analyzes the present situation and the existing problems of the mediation system of the pre-court meeting in our country.Thirdly,in order to provide some direction for the perfection of the mediation system of pre-court meeting in China,the author makes a comparative analysis on the correlation between foreign countries.Finally,on the basis of the combination of extra-territorial experience and the actual situation of our country,the mediation model of pre-court meeting is put forward.Some suggestions on perfecting the mediation system of China's pre-court meeting are put forward in the aspects of circumscription,subject and the right of repentance of the parties.