2007Unpublished venueRequires access

Construction of pre-pleading mediation system in civil procedure

Min Liu

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Abstract

There is no pre-pleading mediation proceeding in China’s civil procedure,which can not meet the new demand of multiplex disputes and diversified values of parties,and it is difficult for clients to realize the right of choice of civil procedure,to enhance the efficiency value of justice,to protect the profit of outer judicatory and to rationally utilize judicial resources.Therefore,it is necessary to set pre-pleading mediation proceeding according to protection principle of basic procedure right,principle of proportionable procedure and principle choice right of civil procedure in civil procedure law in our country.The pre-pleading mediation proceeding should include bounds of compulsory mediation proceedings,mediation organization,mediation procedure,and relation of mediation and civil procedure,etc.

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What this paper is about

There is no pre-pleading mediation proceeding in China’s civil procedure,which can not meet the new demand of multiplex disputes and diversified values of parties,and it is difficult for clients to realize the right of choice of civil procedure,to enhance the efficiency value of justice,to protect the profit of outer judicatory and to rationally utilize judicial resources.Therefore,it is necessary to set pre-pleading mediation proceeding according to protection principle of basic procedure right,principle of proportionable procedure and principle choice right of civil procedure in civil procedure law in our country.The pre-pleading mediation proceeding should include bounds of compulsory mediation proceedings,mediation organization,mediation procedure,and relation of mediation and civil procedure,etc.

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Available abstract

There is no pre-pleading mediation proceeding in China’s civil procedure,which can not meet the new demand of multiplex disputes and diversified values of parties,and it is difficult for clients to realize the right of choice of civil procedure,to enhance the efficiency value of justice,to protect the profit of outer judicatory and to rationally utilize judicial resources.Therefore,it is necessary to set pre-pleading mediation proceeding according to protection principle of basic procedure right,principle of proportionable procedure and principle choice right of civil procedure in civil procedure law in our country.The pre-pleading mediation proceeding should include bounds of compulsory mediation proceedings,mediation organization,mediation procedure,and relation of mediation and civil procedure,etc.

Key concepts: Pleading, Mediation, Civil procedure, Lawyer supported mediation, Political science, Law, Federal Rules of Civil Procedure, Economic Justice

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