我国民事诉前调解制度的末路与新生

Problems with Chinese Civil Pre-litigation Mediation System and Resolutions

随着人们通过法律手段维护自身利益的意识逐步增强,以及法院受理的案件越发复杂、疑难,法院的审判压力越来越大。尤其是在我国在实行立案登记制后,民事案件的立案量大幅度增加。我国现有的诉前调解模式虽然曾经起到过减少立案量、减轻审判压力的作用,但在立案登记制的要求下已受到严重冲击,亟需重新定位、构建,才能焕发新的活力。

The court today is facing greater pressure than ever as cases filed in are getting more complicated, and people are increasing their awareness to protect their rights by legislative means. In particular, ever since the system of filing in is erected, the court has been proceeding cases at an explosive rate. The currently prevalent pre-litigation mediation mechanism used to help reduce processed cases, and thus ease the court's pressure, but it is no longer effective when the filing in system has been introduced. Thus, it is necessary to redefine and reconstruct this mechanism to explore its advantages to the fullest.