Research On Pre-Litigation Mediation Procedure Of Civil Litigation

In the traditional Chinese culture,the use of mediation is a long-standing way to resolve disputes and mitigate conflicts.Especially under the influence of the Chinese people’s pursuit of the ideology of “peace is precious” and “rites before law”,the development of the mediation system has occupied an important position in the traditional Chinese legal culture.However,with the reform process of rule of law in modern times,the construction of rule of law has subtly changed people’s concept,and it has become the first idea of the people to take the lead to sue in court in case of disputes.Along with social development,the number of civil disputes is increasing,and the types of disputes are becoming more and more complex and varied,and the "litigation explosion" has become a reality for the people’s courts.Behind the explosive jump in the number of cases received by the courts,the problems of declining efficiency in the completion of cases and increased pressure on grassroots trials have become prominent,and the conflict between the people’s increasing demand for litigation and limited judicial resources has intensified.For this reason,the Civil Procedure Law was amended in 2012 to formally establish pre-litigation mediation as a civil litigation procedure and promote diversified dispute resolution.As an important part of the comprehensive construction and improvement of the legal system of civil litigation,the pre-litigation mediation procedure has made a great contribution to alleviating the pressure on the judiciary in practice with its convenience,efficiency and inexpensiveness.But back to the reality level,the Civil Procedure Law and its judicial interpretation on how to determine the scope of pre-litigation mediation,the selection of mediators,pre-litigation mediation and litigation are not specific provisions,pre-litigation mediation is faced with the dual dilemma of legislation and practice.In this context,this paper intends to take "pre-litigation mediation" mode as the perspective,through in-depth analysis of pre-litigation mediation procedures,explore its problems in practice,and other countries and regions of the relevant pre-litigation mediation procedures for brief analysis and comparison,in order to absorb the advantages and strengths of its judicial design and practical application,according to In order to absorb the advantages and strengths of their judicial design and practical application,put forward corresponding improvement measures according to China’s specific national conditions,and then provide scientific basis and decision-making reference for promoting the establishment of a complete and independent pre-litigation mediation procedure in China.