Mediation System In China Prior To The Study Complained

With the development of economy and society, the contradictions and disputes taken to court have the development trend of "explosive". Many countries in the world put forward the idea of "diversity solution methods of dispute", and carry out the practice of diversified dispute resolution. The United States has put forward the concept of ADR during the nineteen thirties, and has a rapid development after the nineteen sixties. Japan, Germany and Taiwan are also conduct similar alternative dispute resolution mechanism. China proposed the concept of pre-litigation mediation under the theoretical background of "judicial socialization" and "diversified dispute resolution mechanism". The pre-litigation mediation method was first carried out in Songjiang Shanghai, and it has obtained favorable result. After the use of pre-litigation mediation in Shanghai, it rapidly spread to the whole nation. However, because of the absence of unified legal norms, there still exist many problems in the developing process of pre-litigation mediation, such as mediation subject and scope are not unified, mediation procedure is not standard, the effect of conciliation agreement is not clear and so on. On August31,2012, the twenty-eighth meeting of the Eleventh National People’s Congress Standing Committee adopted the amendments to the Civil Procedure Law of the People’s Republic of China. The new Civil Procedure Law has been formally implemented in January1,2013. The122nd of the new Civil Procedure Law states:the civil disputes those are prosecuted to the People’s Court, if they are suitable for conciliation, mediation first, except that the parties refuse to mediate. This article proposed the mediation system and it received the attention of all circles of the society. Based on the background of mediation rules in the new Civil Procedure Law, analysis of the Chinese mediation system’s litigation status and existing problems, then, put forward the measures to improve the Chinese pretrial mediation system.This paper is divided into three parts.The first part introduces the basic theory of mediation before litigation, summarize the different views on pretrial mediation and at the same time, put forward my own point. In addition, this part distinct several similar concepts on the mediation before litigation.The second part focuses on the analysis of current situation and problems of China’s pretrial mediation. Firstly, the author summarized the relevant legal provisions on pretrial mediation and the practice has been carried out in society, select the typical from two dimensions of large and medium-sized city’ small towns and villages to analyze, in the analyze, the author used data, flow charts and other forms. Then, make a critical analysis of our current pre-litigation mediation system, analyzing its strengths and weaknesses. Focus on the new Civil Procedure Law, and at the same time, find the advantages in the practice of pre-litigation mediation.The third part in view of the existing problems in the pretrial mediation, combined with the research on foreign related system and the actual situation in China, I expound my own views on constructing and perfecting pre-litigation mediation, the specific description contains the subject, the scope, process, and effect of mediation and other aspects of pre-litigation mediation.