Analysis Of The Legality Of Compulsory Mediation Before Litigation

The time cost brought by litigation makes justice no longer directly linked to judicial litigation,and procedural justice,which has been squeezed due to excessive litigation time,has to turn to mediation to find a balance.The mediation process can indeed resolve disputes faster than litigation.In view of this,the country has also introduced various judicial policies on mediation to expand the use of mediation.The court cannot force citizens to demand the transfer of their legitimate right to sue because of their pressure to handle cases.The purpose of judicial reform is not to reform the judiciary itself,in order to ease the pressure of handling a case,but it should be examined in a comprehensive way with the concept of constitutionality.This article is mainly based on the experience of handling cases in Beijing and Chengdu,and focuses on the current situation of China's current pre-litigation compulsory mediation and proposes suggestions from the constitutional level.This article begins with an analysis of the status quo of pre-litigation compulsory mediation to explain the status of pre-litigation compulsory mediation that the author want to study.Secondly,it analyzes the basic constitutional rights corresponding to compulsory mediation before litigation.Finally,it proposes constitutional guidelines to reform the judicial system and avoid compulsory mediation before litigation.There are three main parts in this article.The main part is the main part,which mainly analyzes the status quo and legal analysis of compulsory mediation before litigation.The first part is an overview of pre-litigation compulsory mediation.Based on the actual situation,it gives a corresponding definition of pre-litigation mediation.It also discusses why pre-litigation mediation occurs and what problems exist in the current pre-litigation mediation.The second part is to analyze the basic rights of the parties infringed by the pre-litigation mediation,that is,the right to sue,and analyze the current status of the sue right at home and abroad,and to interpret the performance of the sue right in the entire civil litigation and what level of protection should be guaranteed.Finally,the unconstitutional aspects of compulsory mediation before the lawsuit arefiled,including that procedural violations of law will be not remedied,and that mediation leads to the absence of law and the court's judicial duties.The last part of the text is to make two suggestions and opinions on the pre-litigation compulsory mediation.The first is the constitutional regulations that should be heeded in the reform of the judicial system represented by pre-litigation mediation,any judicial measures of reform should not contravene the Constitution and fundamental rights protected by the Constitution.Second,mediation should be separated from the trial system,and special procedures,subjects,time,and scope of cases should be developed and formulated.At the same time,the process of compulsory mediation before litigation should also be subject to constitutional and legal supervision.