| Detached tribunal is an important judicial body in China. Detached tribunal plays a significant role with the implementation of laws,rural disputes,safeguard the peasantry rights,guarantee social stability in the rural areas.As China's rapid economic development and transformation of Society in rural areas,disputes in rural areas presents complex,diversified fields,total magnification, etc..Detached tribunal pose a challenge to the existing civil trial reformation.Therefore, the author from an empirical point of view,to pretrial procedures for primary and the mediation of the court system for the main content to promote the mode of civil trial reformation in detached tribunal.As imperfect laws in china ,the civil litigation is not the full sense of the pretrial procedures . The operation of pretrial procedures is more simple especially in the civil trial court practice. The pretrial procedure is an important stage in the civil procedrures. It have independent legal values and function, and for the smooth development of the civil trial and to improve court efficiency is important. Based on the civil trial practice ,to improve the pretrial procedures in the detached tribunal. Further protect judicial impartiality and neutrality through the judger to conduct proceedings for peasantry and effective guidance to the parties. System designed through a series of pretrial procedures under the detached tribunal practice case:defense system to establish mandatory;investigation to establish the evidence collection system; established system of pretrial conference and strengthen the pretrial proceedings throug judge interpretation right.The mediation of the court system is seen as a way of detached tribunal to exercise jurisdiction. Civil litigation plays a very important position in China. The mediation of the court system particularly suitable for the characteristics of rural social acquaintance. The practice of the mediation of the court system in the detached tribunal is extremely rich in the vitality . It is very important of mediation of the court system to resolve civil disputes, saving litigation costs and efficiency of the proceedings and maintain social stability in the rural areas.But the mediation of the court system is not perfect: compulsory mediation, the parties do not be respected the right to choose the procedure;laws on the application of mediation "to ascertain the facts, distinguish right from wrong" standard was too stringent and so the phenomenon is not conducive to the court system in the detached tribunal mediation practice effectively。Therefore , that the detached tribunal can not pursue the standard of that "to ascertain the facts, distinguish right from wrong",but the different stages of the proceedings should be applied different standards of the mediation of the court; the mediation of the court mechanism established by precedent to the trial as a template; enhanced the mediation function in the pretrial procedures. |
