A Study On The Pre-mediation System In Civil Procedure Law

At present, China is in the transition period of the political and economic system reform. Although the political, economic, cultural and other aspects enjoy good momentum of progress, there still exist many problems, which cause various contradictions and disputes more complex and diverse. Although China has established a judicial contingent with sound system and large quantity, facing all kinds of new problems under the new situation, the judicial contingent has been in short supply with increasingly prominent contradiction.But in the judicial practice process of China, through the establishment of various forms of mediation system in China, the mediation runs through the whole proceeding, which not only successfully resolves disputes, and solves the case properly and harmoniously, but also plays a good effect on distributing cases, saving judicial resources, and relieving the court’s pressure to a large extent.The “pre-mediation” was confirmed as a mediation system in stipulations of the new Civil Procedure Law, implemented in 2013. However, due to the fact that the stipulations in law are too loose, and the boundaries between the various existing mediation system are not very clear, in view of the “pre-mediation” is different from other mediation system in the definition and concrete operation, it is necessary to explore and discuss the pre-mediation. Although in recent years there are many 2 monographs and papers for reference in this aspect, some of them lack a unified point of view in details and specific operation, and the law also lacks clear rules for some specific problems, so it is necessary to improve it more precisely.This text consists of three chapters. The first chapter mainly introduces some basic theories of pre-mediation, elaborates the concept and judicial position of pre-mediation, summarizes and analyzes the various views of the theory circle, and puts forward my own views, in which pre-mediation is poisoned as the pre-litigation mediation, but with some characteristics of litigation mediation; differentiates and analyzes it with other types of mediation forms, in order to better grasp the concept and nature of pre-mediation. This part of presentation mainly determines the scope for the following study, and paves a theory way for deeper exploration of the pre-mediation system.The second chapter mainly introduces the relevant mediation system in overseas regions and countries, lists the corresponding system in U.S.A, U.K., Japan, Germany and Taiwan of China, and through the comparison with our country’s, puts forward that we should learn the foreign successful experience in combination with the national conditions and practice situation of China, but not completely copy the existed mode in other countries. This part of content also provides reference for the following text which puts forward the relevant suggestions to improve the pre-mediation system of China.The third chapter focuses on the legislation status and practice situation of pre-mediation in China. Starting from the practice and in combination with geographical advantages, the third chapter mainly introduces the practice situation of pre-mediation in the district court of Shanghai, summarizes the effects that we achieved in the practice process, and analyzes the existing problems. Based on the above discussion and in combination with China’s national conditions and practice situation, the principle that the pre-mediation system must follow is determined, and then from the aspects of applicable scope, organization and staff settings, specific program setting, and the joint of litigation and mediation of pre-mediation, suggestions are given for pre-mediation, in order to provide assistance for the improvement of Chinese pre-mediation system, so as to achieve the original intention of legislation.