| Along with responding to the publicity of the multipartite mediation andmediation moderate socialization, the pre-pleading mediation is more and morepopular. Because of the diversified and complicated disputes, litigation has notsatisfied a large number of disputes and some new disputes, so that we urgently needa institution to resolve the disputes peacefully. Some non-judicial dispute resolutionsare the best ways to solve these specific types of disputes, of which the pre-pleadingmediation is a proper resolution. This paper studies on the pre-pleading mediation byhistorical method and comprehensive analysis, in order to explore how to build anefficient, peacful and sustainable instituition of pre-pleading research, which hasprofounded significance to constructing the diversified dispute solution mechanism.The first chapter mainly discusses the investigation to the history and the currentsituation of the operation of the pre-pleading mediation. The investigation to thehistory pays more attention to the "officer batch of polls" in Qing Dynasty and thepre-pleading mediation in the Minguo Period. The current situation of the operation ofthe pre-pleading mediation begins from the current situation of legislation andpractice, which is for more in-depth exploration of the pre-pleading mediation.The second chapter mainly expounds the basic meaning of the pre-pleadingmediation. It needs a detailed overview by its characteristics and the comparison ofthe pre-pleading mediation and relative institutions. At the same time, its necessity is raised through the legal basis and practice foundation. And we must think highly ofthe various problems of the pre-pleading mediation in the practical area.Due to the fact that nowadays it hasn’t existed a law about the pre-pleadingmediation, improving laws and rules is very much worth in keeping in mind. On thebasis of the first two chapters, the third chapter puts emphasis up on how to perfectthe institution of the pre-pleading mediation, namely, putting forward somesuggestions to the institution of the pre-pleading mediation. On the one hand, frommacroscopic views, it is to determine the goals and principles of the pre-pleadingmediation, which is based on to design relevant rules. On the other hand, frommicrocosmic views, it is to perfect the pre-pleading mediation, such as: thepreparation period, the main content, the supervision procedure and so on, so that wecan see the value of the pre-pleading mediation to resolve disputes.The epilogue part confirms the positive meaning of the pre-pleading mediation.Facing the fact of lacking in legislative support and difficulties in practical field, itshould be "conservative" and "innovational" to structure the pre-pleading mediation.Only in this way, can accelerate the establishment of the mechanism of the diversifieddispute resolution, which is helpful for resolving disputes and constructing theharmonious society. |
