The Discussion Of Leading Mediation System Of Civil Litigation On China’s

In China, the contradiction of litigation explosion and judicial resources nervous as the subject of a wide attention in recent years, the theory and practice, the court litigation pressure increasing, explore around accusing the dispute settlement mechanism as the focus of the court trying, on this basis, the mediation with its unique advantages and important value has played a more and more important role. Especially the new civil procedure laws (2012) in article122of new regulations on leading mediation system further enrich and perfect the court mediation system in our country.There is no doubt that the provisions of the leading mediation system are accord with China’s national conditions and the development trend of the times, it’s produce is the root of history and reality. Although first attempt to conciliate by legislation is the first time, many parts of the practice of court mediation before litigation, mediation has for the first set of laid a foundation. Leading the establishment of mediation system, which is beneficial to relieve the court litigation pressure, improve the efficiency of litigation, relieve the tireness, also can ease the court judge the unity of contradiction to a certain extent, promote social harmony. However, it is still in the exploratory stage of the leading mediation system in the judicial practice, also has exposed some shortcomings need to be perfect.Based on background of the leading mediation system, setting up the positive meaning and applicable mediation should follow the principle of brief introduction of the first, on the basis of analysis of the disadvantages of the leading mediation system, and further perfect suggestions, in order to play a first attempt to conciliate the setting of the original intention, to serve the judicial practice. For the disadvantages of leading mediation system, the first question is to define clearly the nature of the first attempt to conciliate. This legislation is not clearly defined, academic point of view is not unified. The author thinks, it should attempt to conciliate the qualitative for filing before the voluntary mediation firstly. In addition, the legislative regulation of the leading mediation system, there is no complete system and program design, existing in the judicial practice of damage to the parties to exercise his right to appeal, the success rate is not high lead to increased cost of lawsuit, mediation of the first attempt to conciliate malicious and apply conciliation institution is not independent, lack of power, and many other shortcomings. Aiming at the problems above, the author thinks that should be improved from the following aspects. First of all, it should be clear in the legislation of the first attempt to conciliate the applicable scope and legal consequences, to a mediation agreement reached through mediation, should pass again under the premise of the parties apply for conciliation statement given force. In the judicial aspect, it should perfect the first attempt to conciliate and proceedings of cohesion; suggest to enable its "case" program to realize the seamless joint between mediation and litigation. At the same time, to further integration of judicial resources, and constantly optimize the first attempt to conciliate work organization configuration, set the first attempt to conciliate the office of independent, and on the people, money, objects to the appropriate tilt, give full play to the first attempt to conciliate the advantages of fast, effectively solve the disputes.Anyhow, leading mediation system as a new type of mediation system is the product of the times demand, although at present there are a lot of things that not just as we wishes, but with the continuous development of the rule of law, that the country will adopt the corresponding legislative and judicial interpretation to be perfect.