The practice of mediation from the Pretrial Pretrial Mediation Mechanism of _ out of First Instance Papers
Civil mediation is an important judicial system in China is an important group of China's socialist legal system as part of our justice system has long occupied an extremely important position. With the sequence of our judicial process reform, process control and jurisdiction over the case of relative separation, widely used in some of the original people mediation proceedings, whether in the voluntary principle, there is still efficient The problems have become increasingly prominent. To this end, court may own in the \BR> 1, common understanding, a clear general idea of mediation in the preliminary hearing. For this stage, the court transferred the trial of China-one mediation system shown by the many defects, the court ordered mediation process separated from the trial proceedings, the court dealing with civil disputes as an alternative mode of litigation is Reform of the Court emphasized solutions of the inevitable choice. The author believes that the Court has erected a large combined operation framework placed on file, set the tone for the trial relatively separate mediation model, the overall deployment of the reform in the trial under way in order to focus on pre-trial mediation , Reconstruction of Sub Court mediation system, and process control has been established and the trial to be relatively isolated section parts Next, the original operating mechanism will have a slightly re-adjust the design a more consistent, willing parties in the original Ze mediation model and the formation of the system. II has been implemented using the \physical mechanism of trial relative separation, transfer the trial to establish the relative separation of pre-trial mediation mechanism basis. Strictly speaking, the physical trial is the trial one of the key elements of process management, process control entity the right to trial and constitute the Court's jurisdiction. The two powers are mixed together, will inevitably lead to power constraints due to lack of adverse consequences of abuse and, more importantly, this power structure not only can not the court's jurisdiction the legitimate rights and interests of the parties adequate protection, and because of the low efficiency and lack of action fair representation, directly harm the Court's authority and credibility of the referee. In recent years, many courts now have control over the processes and entities Jurisdiction relative isolation, the practice of the trial to be effective in addition to physical constraints, the process control itself was also divided into several sub-control rights, such as scheduling options, the implementation of the right of property preservation, exchange evidence before the court presided over for the right. Although these sub-control placed on file by the court as a whole has, however, sub-main power control still relatively independent sub-control in the relationship among these there is a restriction of power relations. At this point, the practice adopted by some courts to prove that the reform is successful. Also control the phase in the process trial is established with the relative separation of the foundation Pretrial mediation mechanism. 2, Prosecution Court already has control over the process, can be adjusted for the court case or not adjusted for the effective shunt put conditions, also more likely to increase the efficiency of pre-trial mediation practice, and sex. Placed on file in court to establish pre-trial mediation is the use of court filing chamber has control over the process of increasing the efficiency of construction and practice , mediation and trial separation is deepening and the real practice of the court mediation system improved the inevitable choice. Chambers of filing the case before the scheduled pre-trial mediation by an adjustable adjustable and non-classified. After classification, the case will mediation conciliation proceedings before court immediately entered, do not respect the parties emphasized the cases are chosen. For example, since July 1, 2002 to June 30, 2003, Zhangping courts handled 632 civil and commercial cases, divert to enter the Pretrial Mediation 412, 261 pre-trial conciliation cases, the Court within 15 days of filing the successful mediation has 124 pieces, this model proved the mediation, whether procedural fairness or efficiency have been increased greatly . Three requirements under the law rationally regulate the work of the Court Pretrial mediation mechanism 1, establish the line with my main mediation before the Trial Court at this stage as one very prominent case of conflict, the program's legitimacy demands more to higher, with the trial court applied established after the separation, filing court's role is not fully reflected, Zhangping court held that, according to the International Institute of Real can establish a pre-trial mediation authorized a mediation judge or the right to review and clerks to help mainly to individual jurors or the full court hearing supplemented by mediation of the main structure, the establishment of mediation in the filing chamber group, the mediation group of judges can be judges composed of assistants and clerks, judges and authorized assistant clerk may preside over cases mediation work for, only that they mediate the case must be reviewed and issued after judicial personnel. 2, a reasonable range and circulation patterns mediation transfer mode in the establishment of mediation cases, in order to overcome the randomness, it is necessary to transfer the case to regulate, in the specification should also take into account the efficiency and the scope of the problem, so I practice some of the hospital experience based on the case transferred by will not be diverted reconcile and transfer. Will transfer the case to: involve the personal rights of divorce, tending, visits, age support support, custody and other cases and cases involving protection of the rights of workers; not mixing case: (1) the action of confirmation cases; ( 2) special procedures for trial of cases; (3) applies to urge the trial proceedings; (4) applies to show the public notice procedure cases handled; (5) enterprise legal cases bankruptcy procedures; (6) directly related to the community Public interest cases. After accepting the case transferred to the waiting judge, the judge scheduled the case by mediation will be reconciled into line without shunt, into the mediation fails, trial. And provides pre-trial mediation time (that is, the time limit for mediation before court cases date from the establishment end of the period until the date of proof) 3, relieve pressure on the parties to guide the parties reversed the trial current understanding of the relative separation Many courts have the \Pretrial mediation is actually transferred and Trial Practice, system established, but whether the parties will not transfer the trial-one kind of pressure? Pretrial mediation should therefore guide the parties reversed the trial be aware of the relative separation, in consultation, it should be clearly informed the party organization Pretrial mediation is not a trial judge the judges, so that the parties in the absence of stress under the settlement, such as the parties do not agree to mediation, or mediation is unsuccessful the case will be transferred to standard production that program. Practice through such methods, except the right to effective mediation and the trial will be separate from, the parties to the agreement from the right to interfere in the trial achieve desired freedom, which is conducive to the mediation results justice, to protect the legitimate rights and interests of foreign and greatly welcomed by the parties. 4, standardized method for determining the Pretrial mediators and the mediation of the particular transaction this practice in the trial, the court pre-trial mediation in establishing the initial period, usually a number of mediation cases are available first into the pre-trial conciliation attempt re-entry scheduled to determine the trial staff, court time and place to said the overall implementation of the \trial efficiency, but for a number of mediation cases is per cent more than the original period of mediation. In order to maximize the integration of judicial resources, to preliminary hearing and trial procedures for coordination of the conciliation proceedings conducted in accordance with trial court experience Zhangping launch schedule and determine when the trial judge, and determine the mediators of the integration process row of law, great integration of judicial resources, to avoid pre-trial mediation and trial phases of the time-consuming litigation actions. From the practice of some courts, streaming into the Pretrial mediation cases,Ed Hardy Women High Shoes, more than half of pre-trial mediation can become, nearly half of the cases have still to enter the trial phase , if not two programs together, close to half of the cases, the efficiency will be affected ring. In addition, preliminary hearing before court mediators conduct mediation in the trial than the unity of the mode of transfer, she has the advantage of the mechanism from allow the parties to create a fully achievable \mediation. One trial adjustment mechanism to engage in conciliation, mediation and the referee because the identity of competing, so they may use their own potential coercive power of the mediation concluded turn for the better and sub-pressure transfer to the possibility of often make the parties in against their will under the mediation. Therefore, we should shoot the transfer Pretrial mediation with the relative isolation of the ideology of the trial fully demonstrated Pretrial mediation conciliation officers should be informed prior to discharge obligations of the special items, that is, the mediator should Pretrial If mediation fails and the case will review the case from the other officers and inform the parties of this particular matter people, so that the parties fully in the absence of consultations under the pressure of the mediation, the parties to fully realize the principle of voluntariness. 5, the establishment of the consent can not ascertain the facts in the pre-trial mediation under the Code of Civil Procedure 58 which provides that: \clear basis to distinguish between right and wrong, to mediate. \> the entire civil action is always, without violation of existing law, the parties can establish the same think of it, can not in fact carried out to identify 情况 Pretrial mediation by the concerned to dispose their program rights and substantive rights, thereby greatly increasing the applicability and efficiency of mediation. To make this work more specification without breaching party right of action, pre-trial mediation must perform a special this matter, Pretrial mediation is the parties can respect the wishes of the basic facts can be investigated under the and not between right and wrong under the mediation agree to seek the views of the parties, if you agree then go straight to mediation. Practice of the court from a number of parties to such mediation performance is extremely welcome. 6, regulate the way the trial judge's mediation. Civil Procedure Act and related court mediation are not required to explain the way should be used. The most popular practice is the so-called \This mediation, the presiding judge to implement the harmful effects of the following two point, first of all, \legal principles and contrary to the voluntary mediation; Secondly, the mediators for the settlement agreement can be reached the use of a party's lack of legal knowledge and their potential coercive power, misleading or expand when the parties do disadvantages This case is a successful mediation, the parties may have caused the hearts of the legal understanding of the confusion, thus violating the court to resolve disputes in the performance of duties, should also take more establish a broad legal significance Code of Conduct duties. Therefore Zhangping Court held that \Pretrial mediation is not as under any pressure, the mediation can take many forms, as long as it is conducive to conciliation and the arts, such as \But the trial court in the provisions of the mediation should be transferred solution should be conducted in public, from beginning to the conciliation agreement reached in mediation must be an agent of the parties or with the presence of the bottom effective. Ban \agreement. But given the low quality of our national law the basic state situation,Ed Hardy Women High Shoes, if the parties is a legal understanding of bias caused by the mediation fails, the judge may in accordance with relevant laws and regulations , on the request of the parties to evaluate the presence of the two sides, and help them understand the potential legal problems, to urge the parties to reach a conciliation agreement. In practice, mediation agreement is reached in this way
相关的主题文章：
View of the justice, fairness and equity of First Instance stated Papers _925 _
Overhaul or a partial revision of Nation - after the constitutional amendment of existing national laws Papers _659 _
Since modern times
Civil mediation is an important judicial system in China is an important group of China's socialist legal system as part of our justice system has long occupied an extremely important position. With the sequence of our judicial process reform, process control and jurisdiction over the case of relative separation, widely used in some of the original people mediation proceedings, whether in the voluntary principle, there is still efficient The problems have become increasingly prominent. To this end, court may own in the \BR> 1, common understanding, a clear general idea of mediation in the preliminary hearing. For this stage, the court transferred the trial of China-one mediation system shown by the many defects, the court ordered mediation process separated from the trial proceedings, the court dealing with civil disputes as an alternative mode of litigation is Reform of the Court emphasized solutions of the inevitable choice. The author believes that the Court has erected a large combined operation framework placed on file, set the tone for the trial relatively separate mediation model, the overall deployment of the reform in the trial under way in order to focus on pre-trial mediation , Reconstruction of Sub Court mediation system, and process control has been established and the trial to be relatively isolated section parts Next, the original operating mechanism will have a slightly re-adjust the design a more consistent, willing parties in the original Ze mediation model and the formation of the system. II has been implemented using the \physical mechanism of trial relative separation, transfer the trial to establish the relative separation of pre-trial mediation mechanism basis. Strictly speaking, the physical trial is the trial one of the key elements of process management, process control entity the right to trial and constitute the Court's jurisdiction. The two powers are mixed together, will inevitably lead to power constraints due to lack of adverse consequences of abuse and, more importantly, this power structure not only can not the court's jurisdiction the legitimate rights and interests of the parties adequate protection, and because of the low efficiency and lack of action fair representation, directly harm the Court's authority and credibility of the referee. In recent years, many courts now have control over the processes and entities Jurisdiction relative isolation, the practice of the trial to be effective in addition to physical constraints, the process control itself was also divided into several sub-control rights, such as scheduling options, the implementation of the right of property preservation, exchange evidence before the court presided over for the right. Although these sub-control placed on file by the court as a whole has, however, sub-main power control still relatively independent sub-control in the relationship among these there is a restriction of power relations. At this point, the practice adopted by some courts to prove that the reform is successful. Also control the phase in the process trial is established with the relative separation of the foundation Pretrial mediation mechanism. 2, Prosecution Court already has control over the process, can be adjusted for the court case or not adjusted for the effective shunt put conditions, also more likely to increase the efficiency of pre-trial mediation practice, and sex. Placed on file in court to establish pre-trial mediation is the use of court filing chamber has control over the process of increasing the efficiency of construction and practice , mediation and trial separation is deepening and the real practice of the court mediation system improved the inevitable choice. Chambers of filing the case before the scheduled pre-trial mediation by an adjustable adjustable and non-classified. After classification, the case will mediation conciliation proceedings before court immediately entered, do not respect the parties emphasized the cases are chosen. For example, since July 1, 2002 to June 30, 2003, Zhangping courts handled 632 civil and commercial cases, divert to enter the Pretrial Mediation 412, 261 pre-trial conciliation cases, the Court within 15 days of filing the successful mediation has 124 pieces, this model proved the mediation, whether procedural fairness or efficiency have been increased greatly . Three requirements under the law rationally regulate the work of the Court Pretrial mediation mechanism 1, establish the line with my main mediation before the Trial Court at this stage as one very prominent case of conflict, the program's legitimacy demands more to higher, with the trial court applied established after the separation, filing court's role is not fully reflected, Zhangping court held that, according to the International Institute of Real can establish a pre-trial mediation authorized a mediation judge or the right to review and clerks to help mainly to individual jurors or the full court hearing supplemented by mediation of the main structure, the establishment of mediation in the filing chamber group, the mediation group of judges can be judges composed of assistants and clerks, judges and authorized assistant clerk may preside over cases mediation work for, only that they mediate the case must be reviewed and issued after judicial personnel. 2, a reasonable range and circulation patterns mediation transfer mode in the establishment of mediation cases, in order to overcome the randomness, it is necessary to transfer the case to regulate, in the specification should also take into account the efficiency and the scope of the problem, so I practice some of the hospital experience based on the case transferred by will not be diverted reconcile and transfer. Will transfer the case to: involve the personal rights of divorce, tending, visits, age support support, custody and other cases and cases involving protection of the rights of workers; not mixing case: (1) the action of confirmation cases; ( 2) special procedures for trial of cases; (3) applies to urge the trial proceedings; (4) applies to show the public notice procedure cases handled; (5) enterprise legal cases bankruptcy procedures; (6) directly related to the community Public interest cases. After accepting the case transferred to the waiting judge, the judge scheduled the case by mediation will be reconciled into line without shunt, into the mediation fails, trial. And provides pre-trial mediation time (that is, the time limit for mediation before court cases date from the establishment end of the period until the date of proof) 3, relieve pressure on the parties to guide the parties reversed the trial current understanding of the relative separation Many courts have the \Pretrial mediation is actually transferred and Trial Practice, system established, but whether the parties will not transfer the trial-one kind of pressure? Pretrial mediation should therefore guide the parties reversed the trial be aware of the relative separation, in consultation, it should be clearly informed the party organization Pretrial mediation is not a trial judge the judges, so that the parties in the absence of stress under the settlement, such as the parties do not agree to mediation, or mediation is unsuccessful the case will be transferred to standard production that program. Practice through such methods, except the right to effective mediation and the trial will be separate from, the parties to the agreement from the right to interfere in the trial achieve desired freedom, which is conducive to the mediation results justice, to protect the legitimate rights and interests of foreign and greatly welcomed by the parties. 4, standardized method for determining the Pretrial mediators and the mediation of the particular transaction this practice in the trial, the court pre-trial mediation in establishing the initial period, usually a number of mediation cases are available first into the pre-trial conciliation attempt re-entry scheduled to determine the trial staff, court time and place to said the overall implementation of the \trial efficiency, but for a number of mediation cases is per cent more than the original period of mediation. In order to maximize the integration of judicial resources, to preliminary hearing and trial procedures for coordination of the conciliation proceedings conducted in accordance with trial court experience Zhangping launch schedule and determine when the trial judge, and determine the mediators of the integration process row of law, great integration of judicial resources, to avoid pre-trial mediation and trial phases of the time-consuming litigation actions. From the practice of some courts, streaming into the Pretrial mediation cases,Ed Hardy Women High Shoes, more than half of pre-trial mediation can become, nearly half of the cases have still to enter the trial phase , if not two programs together, close to half of the cases, the efficiency will be affected ring. In addition, preliminary hearing before court mediators conduct mediation in the trial than the unity of the mode of transfer, she has the advantage of the mechanism from allow the parties to create a fully achievable \mediation. One trial adjustment mechanism to engage in conciliation, mediation and the referee because the identity of competing, so they may use their own potential coercive power of the mediation concluded turn for the better and sub-pressure transfer to the possibility of often make the parties in against their will under the mediation. Therefore, we should shoot the transfer Pretrial mediation with the relative isolation of the ideology of the trial fully demonstrated Pretrial mediation conciliation officers should be informed prior to discharge obligations of the special items, that is, the mediator should Pretrial If mediation fails and the case will review the case from the other officers and inform the parties of this particular matter people, so that the parties fully in the absence of consultations under the pressure of the mediation, the parties to fully realize the principle of voluntariness. 5, the establishment of the consent can not ascertain the facts in the pre-trial mediation under the Code of Civil Procedure 58 which provides that: \clear basis to distinguish between right and wrong, to mediate. \> the entire civil action is always, without violation of existing law, the parties can establish the same think of it, can not in fact carried out to identify 情况 Pretrial mediation by the concerned to dispose their program rights and substantive rights, thereby greatly increasing the applicability and efficiency of mediation. To make this work more specification without breaching party right of action, pre-trial mediation must perform a special this matter, Pretrial mediation is the parties can respect the wishes of the basic facts can be investigated under the and not between right and wrong under the mediation agree to seek the views of the parties, if you agree then go straight to mediation. Practice of the court from a number of parties to such mediation performance is extremely welcome. 6, regulate the way the trial judge's mediation. Civil Procedure Act and related court mediation are not required to explain the way should be used. The most popular practice is the so-called \This mediation, the presiding judge to implement the harmful effects of the following two point, first of all, \legal principles and contrary to the voluntary mediation; Secondly, the mediators for the settlement agreement can be reached the use of a party's lack of legal knowledge and their potential coercive power, misleading or expand when the parties do disadvantages This case is a successful mediation, the parties may have caused the hearts of the legal understanding of the confusion, thus violating the court to resolve disputes in the performance of duties, should also take more establish a broad legal significance Code of Conduct duties. Therefore Zhangping Court held that \Pretrial mediation is not as under any pressure, the mediation can take many forms, as long as it is conducive to conciliation and the arts, such as \But the trial court in the provisions of the mediation should be transferred solution should be conducted in public, from beginning to the conciliation agreement reached in mediation must be an agent of the parties or with the presence of the bottom effective. Ban \agreement. But given the low quality of our national law the basic state situation,Ed Hardy Women High Shoes, if the parties is a legal understanding of bias caused by the mediation fails, the judge may in accordance with relevant laws and regulations , on the request of the parties to evaluate the presence of the two sides, and help them understand the potential legal problems, to urge the parties to reach a conciliation agreement. In practice, mediation agreement is reached in this way
相关的主题文章：
View of the justice, fairness and equity of First Instance stated Papers _925 _
Overhaul or a partial revision of Nation - after the constitutional amendment of existing national laws Papers _659 _
Since modern times