Supreme people's court the most: Should be adopted and mediated in front of the front yard of the civil case first

Supreme people's court the most: Should be adopted and mediated in front of the front yard of the civil case first
It is reported (reporter Xing ShiWei) Before the court accepts cases such as family quarrel of the marriage, labour service contract dispute, traffic accident,etc., should adopt the way of mediating first before opening a court session. As to the intersection of executor and the intersection of property and different to find case, court unite public security men department through restrain from the intersection of executor and high consumption, report the executor to the property system, urge to be put forward the feasible refund plan by the executor.
Yesterday, supreme people's court released the most>(hereafter referred to as " opinion ") ,Thinning conciliation proceedingses and items which stipulate categories case.
" opinion " is divided into four parts together, 29 clauses, have a thinning regulation to the mediation items of all kinds of cases such as civil case, criminal case, administrative case, carrying out the case.
" opinion " is especially referred to, the intersection of marriage and family quarrel, inherit dispute, the intersection of labour service contract and the intersection of dispute, traffic accident and industrial accident,etc. and civil case, should take way that mediate first open a court session. Slight criminal case of hurting as to slight injury that the dispute among the people initiates etc., tell and conciliate by oneself to the party after the court, the court should permit.
To that " the common people indict the government " The administrative case of kind, " opinion " stipulates, the concrete administrative behavior breaks the law or legal but not has administrative case of rationality, the court should impel the administrative organ to cancel the illegal activities in the lawsuit by oneself as much as possible through coordinating.
In carrying out in case, direct it against the case different to find of executor's property, " the opinion " fixed court should unite public security men department through restrain from the intersection of executor and high consumption, report the executor to the property system, urge to be put forward the feasible refund plan by the executor.
The relevant person in charge of research room of the Supreme People's Court reveals, the court " lays stress on declaring instead of make light of adjusting" at present Idea basic change. Meanwhile, expense in litigation, examine the intersection of limit and pressure reason cause some court and judge unwilling to make mediating. " the opinion " standardize grass-roots court and conciliation proceedings of judge, change the judge's thinking of trying a case, promote a judge " Mediate and have priority, adjust sentencing to combine " Working idea.
Beijing ask Ze Zhou, lawyer of lawyer's office, to think because civil and quantity of criminal case very large day, after the new rule is carried out, Supreme Court should also issue the measure and avoid the blind mediating rate of pursuit of grass-roots court the most, therefore the situation that the court forces parties to mediate appears, should guarantee both parties' will is previous principles.

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