Research On The Advance Mediation System

Advance mediation is a concept written in the Civil Procedure Law in 2012.The provisions on the advance mediation at the legal level are very simple,but the ideas appear before the legislation and the local courts have conducted a lot of exploration in the judicial practice.Many places have formed mode.Because of the flexibility of the advance mediation system,the extensiveness of the subject and object,the non-procedural nature,and the practice exploration before the theoretical construction,the understanding of the mediation is not uniform.The concept of advance mediation is relatively vague,and the positioning is not very clear.At present,this system is a means for the court to deal with the judicial dilemma,and its deeper value is not deeply thought out,in order to better play the advance mediation.The role needs to be theoretically researched and practiced.According to the combing and argumentation of various prior mediation theories,the advance mediation should be the mediation activities under the leadership of the courts with the court and social forces as the main body before the formal filing and the trial immediately after the commencement of the trial,aiming at establishing an independent contradiction dispute resolution.program.Advance mediation has the flexibility of quasi-judicial and mediation systems.From the point of view and the point of initiation,advance mediation should include pre-trial mediation and case mediation,although their development trends are different from their prospects.It is necessary to develop and implement the advance mediation in the current judicial background of our country.First of all,in the process of creating a socialist harmonious society,mediation of this "flexible" way of resolving contradictions has an irreplaceable advantage in litigation procedures.Therefore,judicial policy requires the role of mediation system,but due to changes in society and the times,especially population movements.In cities with large sexes,the failure of traditional mediation and the dismissal of mediation authority,people will be prosecuted to the court if there is a dispute that cannot be settled.In this case,the court-led mediation can establish the authority of mediation by means of judicial authority.Secondly,the advance mediation introduced the social forces as the main body to participate in the resolution of contradictions and disputes under the leadership of the court,which can alleviate the pressure of the sudden increase in the number of court cases and the social contradictions that ease and escalate.It is feasible to develop and implement the advance mediation at the same time.First of all,the value embodied in the advance mediation is in line with the traditional Chinese legal culture concept.Secondly,the mediation organization exists widely in the grassroots of China,and it can be used as the main body of the advance mediation.In addition,the advance mediation can promote social harmony.According to the law of the court,the court needs to guarantee the smooth progress of the construction of the national socialist cause.The harmonious society is an important part of the socialist cause.Therefore,the development and implementation of the mediation of the court has legal basis.Theoretical research should be combined with practice to make the problem clear.The advance mediation system has a relatively mature model in some economically developed cities,among which Beijing,Nanjing,Shanghai and other places are more representative.The practical exploration of these places is worthy of reference in other regions,but there are some difficulties in the implementation process.The.dilemmas in these specific implementation processes need to be solved one by one in the pre-emptive mediation,the advance mediation,and the advance mediation in the premise of unifying the prior mediation.Advance mediation is a "young" system with great potential,but the development of first mediation should be gradual.In the near future,the mediation system should focus on alleviating the pressure on the number of court cases,easing the social contradictions of escalation,and mediating in the long run.Can develop into an independent process that makes mediation and litigation more professional and high effect.