Basic knowledge of civil litigation

1. Civil litigation, what is the general knowledge

The statute of limitations, refers to the civil rights are infringed upon the rights of the person, in the statutory period of time does not exercise the right, when the statutory period expires, that is, the loss of the right to request the people's court in accordance with the litigation process to force the obligor to fulfill the obligations of the right of the legal system. The statute of limitations is conducive to prompting the right to exercise their rights in a timely manner, that is, indirectly urge the obligor to fulfill their obligations to realize the legitimate rights and interests of the right; is conducive to stabilizing the social and economic order; is conducive to the people's court to deal with civil disputes in a timely and correct.

1. civil law provides what the statute of limitations

(1) general statute of limitations: general civil disputes, the statute of limitations for two years.

(2) short-term statute of limitations: the following civil disputes, the period of limitation is one year:

① physical injury claiming compensation;

② the sale of substandard quality goods not declared;

③ delayed or refused to pay the rent;

④ deposited property is lost or destroyed.

(3) Long-term statute of limitations: the statute of limitations period for disputes arising from international contracts for the sale of goods and contracts for the import and export of technology is four years.

(4) The longest statute of limitations: the longest statute of limitations is 20 years, applicable to all civil disputes. The premise of its application is that from the date of infringement of rights, the right holder does not know that his rights are infringed upon, and the civil rights are protected by law within 20 years.

(5) No statute of limitations: not authorized to citizens, legal persons operating, management of state property is infringed, not subject to the limitation period.

2. Start of the period of limitation

The period of limitation is calculated from the time when the right holder knows or should know that the right has been infringed. Specifically include the following cases:

(1) the statute of limitations for the debt incurred in tort, calculated from the time when the right holder knows or should know the fact that the right has been infringed upon and the aggressor. Among them, the period of limitation for personal injury compensation, the injury is obvious, from the date of injury; injury was not found at the time, and later examined and diagnosed and can be proved to be caused by the infringement, from the date of diagnosis of the injury.

(2) For debts with an agreed period of time for fulfillment, the period shall be calculated from the day following the expiration of the period of time for fulfillment.

(3) For debts without an agreed period of time for performance, the calculation shall start from the day after the right holder makes a request for performance or the day after the expiration of the period of preference.

3. Suspension of the Statute of Limitations

Suspension of the Statute of Limitations, also known as suspension of the Statute of Limitations, refers to the suspension of the calculation of the Statute of Limitations during the last six months of the Statute of Limitations period due to the occurrence of force majeure events such as acts of God, wars, etc., or other obstacles that prevent the right holder from exercising the right of claim, and the calculation of the period of Limitations shall continue to be computed from the date of the elimination of the reasons for the suspension of the period of Limitation.

4. Interruption of the Statute of Limitations

The statute of limitations is interrupted by the filing of a lawsuit, or by the request or agreement of one of the parties to fulfill an obligation. From the time of interruption, the period of limitation is recalculated. Particular attention should be paid to the fact that requests and recognitions must be reliably evidenced in writing!

5. Legal consequences after the expiration of the statute of limitations

(1) The statute of limitations is a statute of limitations for extinction. After the expiration of the period of limitation, the legal consequence is the elimination of the right of the right holder to enjoy the right of success, that is, the right holder loses the right to compulsory protection by law.

(2) the statute of limitations eliminates the right to win, but not the right to sue.

(3) The expiration of the statute of limitations does not eliminate civil rights. The right to enjoy civil rights based on civil legal relations (substantive rights) still exists, so the obligor in the expiration of the statute of limitations to voluntarily fulfill their obligations to the right holder, the right holder is still entitled to receive and be protected by law.

2. The intellectual framework of civil procedure law

In 1991, China promulgated the Civil Procedure Law in summarizing the experience of judicial practice on the basis of the settlement of group disputes, absorbing and drawing on the United States of America's group litigation and Japan's selected party litigation legislative experience, the establishment of China's group litigation system --- representative litigation system. --The system of group litigation in China was established by drawing on the legislative experience of group litigation in the United States and selected party litigation in Japan.

In 1992, the supreme people's court issued the "on the application of the & lt; Chinese people's **** and national civil procedure law & gt; some of the issues of the opinion" on the system further specifications. First, the significance of the representative litigation system for the settlement of group disputes The main functions of the group litigation system are: 1. to solve the contradiction between the large number of subjects and the limited capacity of the litigation process, and to expand the function of the judicial settlement of disputes; 2. to ensure that disputes with the same subject matter or belonging to the same kind of litigation can obtain the same decision, and to avoid the court from making contradictory judgments; 3. to enhance the ability of individual victims to resist the powerful strengths of the modern high-tech enterprises or industries, and so on. Enhance the ability of individual victims against modern high-tech enterprises or industries and other organizations with strong strength, and effectively safeguard the legitimate rights and interests of the victims; 4. Reduce the cost of litigation, improve litigation efficiency.

[1] Second, the limitations of the current stage of China's representative litigation system (a), from the point of view of the cost of litigation [2] Some people believe that the cost of litigation is the "cost of producing justice", including the state's "cost of trial" and "litigation costs" borne by the parties. "Costs of litigation". [3] In terms of trial costs (1) the court case review workload.

The court needs to be a large number of parties to the subject matter of the lawsuit is the same or belong to the same category, the lawsuit or defense method is the same, but also to examine whether the representative is qualified, etc., extremely complicated. (2) The acceptance of an uncertain number of cases not only need to be published for not less than 30 days, but also to examine and register the parties to come one after another.

(3), if the parties can not elect a suitable representative of the litigation, the court will have to agree with all the parties or select a representative of the litigation. (4) The court must supervise the faithfulness of the representative.

(5), after the conclusion of the case whenever a party to sue within the statute of limitations, the court will have to review its request and make a decision. Obviously, under the constraints of this system, on behalf of the more parties to the case, the court of the above work is more heavy, the judge needs to invest time, energy and the court's input costs are also greater.

1, from the cost of litigation (1), before filing a lawsuit, the party intending to file a representative of the litigation must be contacted with other parties to solicit the intention of the parties to file a lawsuit, and then to discuss with each other specific claims, to select the appropriate representative of the litigation candidates, to collect the relevant evidence and materials, and to find a satisfactory attorney, etc.; (2) in the litigation, such as where (2) After the filing of a lawsuit, all litigation matters, such as change or waiver of claims, recognition of the other party's claims, settlement, and dismissal of the lawsuit, must be discussed and agreed upon by all parties in order to make appropriate litigation responses, and in the case of a change in litigation representative, the representative must be re-determined. (3) Transportation costs, attorney's fees, and other litigation expenses.

The more victims involved in representative litigation, the more difficult to search for information and reach a consensus on the litigation, the parties need to pay more transaction costs. The high cost of litigation has set a threshold that is difficult to cross for the parties in dispute to initiate a representative action.

(2), from the perspective of the eligibility of the parties to the traditional theory emphasizes that the litigants must have a direct interest in the case, so that the parties are eligible parties. The traditional theory of civil litigation subject eligibility in the modern type of litigation has also been impacted and challenged.

The modern type of litigation is characterized by: "the disputing parties are often a large number of vulnerable victims, and thus in terms of the number and interests of the group industry diffusion." 4[4] As the modern type of litigation group litigation is also often beyond the interests of individuals, the dispute is socialized and politicized because of the public ****, that is, the emergence of a large number of group disputes, has made the private interests of a single individual into a wide range of public interest issues.

5[5] The traditional theory of the right of action and the question of the eligibility of the parties closed the door to the protection of public **** interests. To a certain extent, it also closes the door to the protection of individual rights and interests.

In 2000, Japan's "Toshiba" laptop, "Mitsubishi" car incident, many Chinese consumers can not be convenient and effective group litigation mechanism to achieve the relief of their damaged rights is such a typical example. [6] There are several problems with the qualification of parties in representative litigation in China.

7[7] (1) In the uncertainty of the number of representative litigation, the system of registration of rights to finalize the number of people has a negative effect. Because the group litigation is mostly "small majority" of the lawsuit, in the underdeveloped information areas or the rights of the less aware of the situation, there will be a lot of damaged people do not have the opportunity or willing to register the rights of the actual situation, which will lead to the total amount of compensation registered and the offender's unlawful gains of the large discrepancy between the offenders and the offenders, and thus indulge in the offenders.

(2) the representative of the right of action needs to be expressly granted by the other members of the right of action, the focus on the protection of private interests, resulting in difficulties in group litigation. Due to the wide range of interests involved in group disputes, large-scale, requiring the representative only in the other parties one by one to grant the right to litigate the implementation of the lawsuit in the name of the "group", is undoubtedly a complex and arduous work, and in some group disputes in the case of the parties are not fully identifiable, the representative of the group. It is almost impossible to obtain express authorization from all the parties.

(3) on behalf of the need to be registered by the rights of all parties to expressly grant its right to sue and the court judgment on those who have not registered the rights of the "indirect" binding force there is a contradiction in the system, easy to produce "free-rider" of the litigation. Slack litigation mentality. The final result may be that no one first filed a lawsuit, waiting for the direct application of the judgment, personal interests are not protected at the same time, the interests of the community was destroyed.

(C), from the perspective of litigation representative litigation representative and authority 1, litigation representative litigation representative: our litigation representative need to produce by the representative of the recommendation, agreement and authorization. However, the number of group litigation and uncertainty and the distribution of a wide range of people, it is determined that the full authorization is not possible, and to obtain unanimous authorization is even more so.

3. What is the content of the Civil Procedure Law

In September 2012, the Civil Procedure Law amended the main content includes seven aspects: to improve the mediation and litigation mechanism; to further safeguard the litigation rights of the parties; to improve the party's evidence system; to improve the summary procedure; to strengthen legal supervision; to improve the trial supervision procedures; to improve the implementation of the program.

What is of concern is that the new Civil Procedure Law has added a public interest litigation system. In recent years, environmental pollution and food safety accidents continue to occur, some National People's Congress deputies and the relevant parties have repeatedly proposed to add a public interest litigation system in the civil procedure law.

To this end, the new Civil Procedure Law added provisions: pollution of the environment, infringement of the legitimate rights and interests of many consumers and other damage to the public **** interests of society, the law provides that the authorities, the relevant organizations can be filed with the people's court. Set up a small amount of litigation system to implement the first instance of the new Civil Procedure Law provides for the first time the establishment of a small amount of litigation system.

Many civil cases are simple civil cases with clear facts and little dispute. The Civil Procedure Law provides for the application of summary procedures for the hearing of simple civil cases.

Improving the summary procedure is of great significance in improving the efficiency of trial, reducing the cost of litigation, and rationalizing the use of judicial resources. In order to resolve a wide range of civil disputes in a timely manner, according to the pilot exploration of some places and learn from foreign good practices, the new law on the application of summary procedures for some of the cases set up a small amount of litigation system, "the subject matter for the provinces, autonomous regions and municipalities directly under the Central Government in the previous year, the average annual salary of employed persons below thirty percent.

These cases are subject to the first instance. According to the data provided by the National Bureau of Statistics, in 2011, the national average annual salary of employed persons in urban units was 41,799 yuan, calculated at thirty percent, most of the provinces, autonomous regions and municipalities in the country for more than 12,000 yuan.

At the same time, the addition of the provision: "the people's court in the process of hearing, found that the case is not suitable for the application of simplified procedures, ruled that the transfer to ordinary procedures." For the first time on the behavior of the preservation of the provisions of the new Civil Procedure Law to further improve the preservation system, for the first time on the behavior of the preservation of the provisions of the problem.

The current Civil Procedure Law does not provide for behavioral preservation. Infringement of intellectual property rights and other cases sometimes need to prohibit the parties to make a certain behavior, or require them to make a certain behavior, in order to stop the infringement of copyright infringement, to prevent the expansion of the damage.

Copyright Law, Patent Law, Trademark Law, Maritime Litigation Special Procedures Law and other laws have made relevant provisions. The new law on the basis of the property preservation added provisions in this regard: the people's court may be due to the behavior of one of the parties or other reasons, so that the judgment is difficult to implement or cause other damage to the parties to the case, according to the application of the opposing party, can be ruled on the preservation of its property, ordered to perform certain acts or prohibited from performing certain acts; the parties did not apply, the people's court, when necessary, can also rule on the adoption of preservation measures. The people's court may also rule on the adoption of preservation measures when necessary.

Civil disputes suitable for mediation to be mediated The new Civil Procedure Law added provisions, the parties to the civil dispute sued to the people's court, suitable for mediation, mediation, but the parties refused to mediate the exception. At present, our country is in a period of social conflicts, all kinds of civil disputes are increasing, give full play to the role of mediation, try to resolve disputes at the grassroots level, solve the problem at the local level, in a timely manner to resolve disputes, and promote social harmony and stability, is of great significance.

To this end, the new law improves the mechanism of mediation in conjunction with litigation, and adds the provisions of mediation first. As an effective way to resolve disputes, mediation has the advantages of simple procedures, flexible methods, and a high rate of voluntary fulfillment.

Disputes that have not been mediated by the people and are brought to court can be mediated first; disputes that have not reached a mediation agreement after mediation by the people and are brought to court can also be mediated first. To this end, the new law added the above provisions.

Further improve the trial preparation procedures The new Civil Procedure Law further improves the trial preparation procedures. According to the trial practice and draw on foreign good practices, the new law in the trial preparation procedures for different situations in different ways: no dispute between the parties, in line with the conditions of the supervisory process, transferred to the supervisory process; before the trial can be mediated, mediation to resolve disputes in a timely manner; according to the case, to determine the application of summary or ordinary procedures; the need for trial, through the exchange of evidence and other ways to clarify the focus of the dispute, and to ensure the effectiveness of the trial process. The public can be asked to exchange evidence and other ways to clarify the focus of the dispute.

Public access to the effective judgment ruling The new Civil Procedure Law improves the public system of adjudication documents. The new Civil Procedure Law improves the system of disclosure of adjudication documents. The disclosure of adjudication documents is an important part of the open trial system, and plays an important role in improving the quality of trials and explaining the law to the public.

The new law added provisions: the public can access the judgment and ruling of the legal effect, but involving state secrets, commercial secrets and personal privacy except the content. At the same time, it further specifies that judgments and rulings should state the results of the judgment and ruling, as well as the reasons for the judgment and ruling.

Give the parties to start the identification process right The new Civil Procedure Law gives the parties the right to start the identification process. According to the trial practice and the views of all parties, the new law adds the following provisions: the parties can apply to the people's court for appraisal of the fact-finding specialization.

The parties apply for appraisal, by the parties to determine the qualification of the appraiser; consultation fails, the people's court shall appoint. The parties have objections to the appraisal or the people's court that it is necessary to appraise the appraiser, the appraiser shall testify in court.

After the people's court notice, the appraiser refuses to testify, the appraisal shall not be used as a basis for determining the facts. The parties may agree to apply the summary procedure The new law expands the scope of application of the summary procedure.

According to the principle that the parties have the right to dispose of civil rights and litigation rights, the new law adds provisions for civil cases other than simple civil cases, the parties can also agree to apply the summary procedure. The new law also stipulates that the basic people's courts and the courts it dispatches to hear simple civil cases may summon the parties and witnesses, serve the litigation documents, and hear the cases in a simplified manner, but the parties' right to be heard shall be guaranteed.

Increase the legal supervision of procuratorial advice The new law increases the supervision of the procuratorial organs on civil litigation. Procuratorial supervision of civil litigation, is to ensure the exercise of judicial power in accordance with the law, the correct implementation of the law of the important system, to promote justice, safeguard the interests of the public ****, has an important role.

The current civil procedure law only provides for the anti-suit a supervision. According to the pilot exploration of some places in recent years, the new law added provisions, the people's procuratorate has the right to prosecutorial advice on civil litigation in the form of real.

4. What are the basic principles of civil litigation

(1) the principle of independent judgment.

The trial of civil cases by the court. The court shall adjudicate civil cases independently in accordance with the provisions of the law and shall not be interfered with by administrative organs, social organizations and individuals.

The trial of civil cases by the court means that the people's courts as a whole exercise the right to trial, not by a judge or a court of a trial division has the right to trial; the court's independent trial does not exclude the people's congresses and their standing committees to the court, the higher courts in accordance with the law on the lower courts to supervise the trial work, supervision and interference is a different matter. (2) The principle of taking the facts as the basis and the law as the criterion.

Based on the facts, one is to review the evidence provided by the parties; the second is for the parties and their agents for objective reasons can not collect evidence on their own, the court should take the initiative to investigate and collect; the third is as a basis for determining the facts of the evidence, the court should be presented to the parties involved in the two sides, after the parties involved in the two sides of the questioning, debating, by the court review of the true, only since the case of the basis. The law as a guideline, the court is required to determine the facts based on the law as an objective yardstick to distinguish between right and wrong, confirm the civil rights of the parties can not be words instead of the law, the power instead of the law, and can not be subjective, arbitrary interpretation of the law in the use.

(3) the principle of equality of rights. Civil litigants enjoy the right to peaceful litigation.

The court hearing civil cases, should protect and facilitate the parties to the line of rights, the parties are equal in the application of the law. (4) the court mediation voluntary and legal principle.

The court hearing civil cases, according to the principle of voluntary and lawful mediation; mediation fails, should be timely judgment. Voluntary mediation, means that in the mediation process, the parties must be completely voluntary, shall not be forced, including whether to mediate, mediation content by the parties to the two sides, the trial shall not be used in any forced or coercive methods to force the mediation must be accepted by the other party, the trial proposed conditions: "to judge the pressure of the mediation ", that is, "if you do not comply with the mediation of the trial staff, the judgment is more unfavorable to the parties" threat.

Mediation is legal, means that mediation should also be governed by law, mediation procedures, mediation methods and mediation content shall not violate the law, shall not be detrimental to the rights and interests of the state, the collective and others, mediation agreement should be reviewed by the court agreed. (5) The principle of using the national language and script.

Citizens of all nationalities have the right to use their own language and script in civil proceedings. In areas where ethnic minorities live in large numbers or multi-ethnic **** together, the court shall use the language and script common to the local ethnic groups to conduct hearings and issue legal instruments.

The court shall also provide interpreters for participants who do not know the language commonly used by the local ethnic groups. (6) The principle of debate.

When the court hears a civil case, the parties have the right to debate. The exercise of the right to debate throughout the process of litigation and not limited to the court; debate in the form of both oral form, there are written forms, such as the court debates the main oral form, the plaintiff filed a complaint, the defendant filed a statement of defense, is a written form of defense.

The content of the debate is mainly centered on the substantive issues of the case, that is, the subject matter of the dispute around the debate, including the facts of the case and the applicable law, while the procedural aspects of the issue can also be debated. (7) the principle of honesty and good faith.

The principle of honesty and credit is a new addition to the Civil Procedure Law of 2012, which should be throughout the entire process of civil litigation activities, including: the exercise of litigation rights, fulfillment of litigation obligations, abide by the order of the litigation, and consciously fulfill the legally binding judgments, rulings and conciliation. Not only the parties and other litigants should abide by the principle of good faith, the court should also abide by the principle of good faith in the exercise of judicial power.

(8) the principle of disposition. The parties have the right to dispose of their civil rights and litigation rights within the scope of the law.

(9) the principle of prosecutorial supervision. The procuratorate has the right to exercise legal supervision over civil proceedings.

The 2012 Civil Procedure Law will be the original procuratorate on the "civil trial activities" to implement legal supervision of "civil litigation" supervision. Thus, the inspection and supervision covers the whole process of civil litigation, including filing, trial and execution.

In addition, the amended Civil Procedure Law also in the original single anti-suit supervision on the basis of an increase in the supervision of the procuratorial recommendations. (10) Support the principle of prosecution.

Organs, social organizations, enterprises and institutions of the damage to the state, collective or individual civil rights and interests of the behavior, can support the damaged unit or individual to the court. Support can be provided in various ways, such as publicizing legal knowledge, providing legal advice, accepting commissions or recommending lawyers, and providing material assistance, etc., but the organs, social organizations, enterprises and institutions can not substitute their own names for the damaged units or individuals to sue directly.

(11) The principle of equality and reciprocity. Foreigners, stateless persons, foreign enterprises and organizations suing and responding to lawsuits in Chinese courts shall have the same litigation rights and obligations as Chinese citizens, legal persons and other organizations.

If a foreign court restricts the civil litigation rights of Chinese citizens, legal persons and other organizations, the Chinese courts shall apply the principle of reciprocity to the civil litigation rights of citizens, enterprises and organizations of that country.

5. What are the basic systems of civil litigation

1) collegiality.

The people's courts to hear civil cases of first instance, by the trial judge, juror **** with the collegiality of the panel or by the trial judge to form a collegial panel. The number of members of the collegial court, must be an odd number.

The civil cases tried under summary proceedings shall be tried by the trial judge alone. Jurors have the same rights and obligations as the trial judge when performing jury duty.

2) recusal system. ① is a party to the case or a close relative of the party, the agent; ② has an interest in the case; ③ with the parties to the case, the agent has other relationships that may affect the fair trial of the case.

The provisions on the recusal of trial personnel, applicable to clerks, interpreters, appraisers and surveyors. (3) public trial system.

The people's court hearing of civil cases, in addition to state secrets, personal privacy or otherwise provided by law, shall be open. (4) the system of two trials.

The bidding and tendering dispute cases through two levels of people's courts, the people's court of second instance, the decision is legally binding final judgment. The decision of the people's court of first instance is not a final judgment, the parties have the right to appeal.

6. What are the basic principles of civil litigation

The basic principles of civil litigation are as follows: 1, the principle of mediation.

The principle of conciliation throughout the approval process, whether in the first instance, second instance or in the retrial process, whether it is ordinary or summary procedures, the people's court can use the principle of conciliation. Of course, in the implementation of the program is not mediation.

2, the principle of debate. Debate can be oral, can also be written; debate content can be substantive aspects, can also be procedural aspects; debate principle is also throughout the trial process.

The principle of debate requires: the parties did not claim the facts can not be used as the basis of the judgment and the basis; the court shall be the parties to the undisputed facts as the factual basis for the judgment; the court can only be investigated on the evidence put forward by both sides of the parties in the debate. 3, the principle of disposition.

It means that the parties have the right to dispose of their civil entity rights within the scope of the law, but also can dispose of their civil procedure rights. Debate doctrine and dispositive requirements, the parties in the litigation is in a dominant position, the parties to the litigation behavior of the judge is strictly binding, the judge can only be based on the litigation behavior of the parties to the case for adjudication.

4, the principle of equality of rights in litigation. In civil litigation, the parties in the litigation in an equal litigation status, but the litigation rights are not the same, the parties should not confuse the concept of these two sides.

7. General knowledge of civil procedure law: mediation should follow the principle of what

According to the provisions of the Civil Procedure Law, the court applies mediation to hear civil cases, it should comply with the following three principles:

First, the principle of voluntariness

Voluntariness principle, refers to the people's court to mediate the settlement of disputes, it must be carried out on the basis of the voluntary nature of the parties.

The principle of voluntariness means that when the people's court resolves a dispute by mediation, it must be done on the basis of the voluntariness of the parties concerned, including the mediation activities and the conclusion of the agreement.

1, procedural voluntary, refers to whether the dispute between the parties to the settlement of mediation, depending on the will of the parties, the people's court can not without the consent of the parties to mediate ex officio or force the parties to accept mediation. Specifically manifested in the people's court application for conciliation or by the adjudicator to obtain the consent of the parties to enter into conciliation proceedings;

2, the entity on the voluntary, means that the content of the conciliation agreement reached after conciliation must be the true meaning of the parties. Can be the parties to the agreement formed after consultation, can also be the court to provide solutions and the parties agreed to the agreement.

Second, find out the facts, right and wrong principle

Find out the facts, right and wrong principle, refers to the people's court mediation of civil cases, should be based on the facts are clear, right and wrong. Finding out the facts, right and wrong, both the people's courts exercise the right to mediate a system requirements, but also the key to the success or failure of mediation.

Third, the principle of lawfulness

The principle of lawfulness refers to the people's court mediation must be carried out in accordance with the law, the process of mediation and the content of the mediation agreement should be in accordance with the provisions of the law.

1, procedural lawfulness, refers to the people's court mediation activities should be carried out in strict accordance with the procedures stipulated in the law, including the beginning of mediation, mediation, mediation mode, steps, mediation organization, the formation of mediation agreement and mediation book delivery, etc., in line with the provisions of the civil procedure law. Secondly, the entity is legal.

2, the entity on the lawful, refers to the mediation agreement reached by the content of the lawful. The legitimacy of the content of the mediation agreement, should be understood as the content of the mediation agreement as long as it does not violate the provisions of laws and regulations, and does not harm the legitimate rights and interests of the state, society and others, that is, lawful. That is to say, the legitimacy of the content of the mediation agreement, not to strictly apply the provisions of the substantive law as a requirement, which is different from the requirements of the legitimacy of the content of the judgment.

Conciliation procedures

First, the acceptance of disputes:

1, the parties request conciliation of disputes in a timely manner.

2, the discovery of disputes to take the initiative to accept timely mediation.

Second, investigation and analysis:

Acceptance of disputes, to quickly identify the causes of disputes and the focus of the dispute, the nature of the dispute in a timely manner to determine the rights and wrongs, research and analysis.

Third, mediation:

On the basis of the investigation and analysis of the work of the two parties, full reasoning, patience and guidance, learning the legal provisions, to eliminate barriers, and promote the parties to reach a mediation agreement.

8. What are the basic systems of civil litigation

(1) collegiality.

That is, by more than three judges to form a trial collective (collegial panel), on behalf of the court to exercise the right to trial, the case is heard and decided the system. The court in the trial of civil cases of first instance, in addition to the application of summary procedures for civil cases by the trial judge alone, the other cases by the trial judge or trial judge with the jurors to form a collegial tribunal; the second court of appeal, remanded cases, through the trial supervision procedures to decide on the retrial of the case, should be formed to hear the case of collegial tribunals.

The implementation of the collegial system can give full play to the collective wisdom of the trial staff, brainstorming, at the same time, can also prevent the trial staff arbitrary, to ensure that the case is fair trial. (2) recusal system.

That is, the court trial of a civil case, the implementation of the trial task of the trial or other relevant personnel and the case has a certain interest, should be withdrawn in accordance with the provisions of the law, the system of trial activities. The implementation of the recusal system can ensure that the trial judges fair trial, according to law, to avoid the use of power for personal gain or favoritism, illegal trial, so as to better protect the legitimate rights and interests of the parties.

(3) public trial system. That is, the court hearing civil cases, in addition to the special circumstances stipulated by law, the trial process should be open to the public; even if the trial is not open to the public, but also to publicly pronounce the verdict of the system.

The implementation of the public trial system, the court's trial activities under the supervision of the people, can increase the transparency of the trial, enhance the sense of responsibility of the trial staff, to ensure the quality of the trial, and play a role in the legal system publicity and education, prevention of disputes, and to reduce the role of litigation. (4) The system of two trials.

That is, a civil case, after two levels of court trial that is the end of the system. The implementation of the system of two trials, the parties to the first instance of the decision can be appealed, the court is conducive to the first instance of the decision of the errors in a timely manner to correct, but also conducive to the court to complete the case in a timely manner to determine the civil rights and obligations of the parties to the maintenance of the normal order of socio-economic and social life, but also to avoid litigation and recurrent litigation.

The final decision has been legally effective, the parties can not appeal.