The revised bet365 premier league odds Litigation Law of 2014 added "resolution of bet365 premier league odds disputes" to the legislative purpose，And established the principle of exceptional mediation in bet365 premier league odds litigation in Article 60 of the Law。In practice，Under the guidance of the judicial policy of "substantively resolving bet365 premier league odds disputes"，Some local courts have jointly established “bet365 premier league odds Dispute Mediation Centers” with governments at the same level，Conduct pre-litigation mediation for bet365 premier league odds cases brought to court on the basis of voluntary consent of both parties in bet365 premier league odds disputes，Achieved good legal and social results。For example, in 2018, the two levels of courts in Wenzhou City, Zhejiang Province successfully mediated 940 first-instance bet365 premier league odds cases，Mediation withdrawal rate reaches 39.1%，Ranked first in the province ("People's Court News" May 26, 2019)。Substantial resolution of bet365 premier league odds disputes through mediation，Consistent with the legislative purpose of the bet365 premier league odds Procedure Law。However，bet365 premier league odds mediation as a system for resolving bet365 premier league odds disputes，The function itself is limited，There is a boundary problem between "can" and "cannot" in the process of using it。If you pursue the “withdrawal rate” too much，There will be a systemic tension within the bet365 premier league odds litigation system，Thus damaging the overall legislative purpose of the bet365 premier league odds Procedure Law。

　bet365 premier league odds dispute mediation and “bet365 premier league odds dispute resolution”

It is one-sided to overemphasize the "social effect" of bet365 premier league odds litigation or not to mention the "social effect"。So，Advocate the unification of legal effects and social effects of bet365 premier league odds litigation，has become the leading judicial policy leading bet365 premier league odds litigation。However，We must fully realize，This judicial policy is not perfect。As some scholars have said: "The judicial policy of unifying two effects pursued by Chinese judiciary makes judicial practice in the field of bet365 premier league odds litigation have a certain degree of substantive irrationality，The degree of formal rationalization is relatively low。Because this policy has been encouraged and implemented by the party and the government for a long time，It shows obvious demands for governance。This constitutes a strong tension with the modern rule of law’s pursuit of formal rationalization。”

The courts pursue the unification of the legal effects and social effects of bet365 premier league odds litigation in hearing bet365 premier league odds cases，The logic of its actions must lead to the settlement of the case through mediation。bet365 premier league odds disputes can be mediated according to law，This helps to substantively resolve bet365 premier league odds disputes。But nothing can exceed its essential limit，Otherwise it will go the other way。The "bet365 premier league odds Litigation Law" establishes the principle of exceptional mediation in bet365 premier league odds litigation，Essentially, several non-trial institutional factors are added to bet365 premier league odds proceedings。From the perspective of the endogenous requirements of a country ruled by law，We must pay appropriate attention to the various negative consequences that may arise。In our country，It can be said that the construction of a country ruled by law has just begun，Before reaching a high degree of "legalization" in various fields of the country and society，He began to vigorously advocate the “de-legalization” of bet365 premier league odds litigation mediation，The negative impact cannot be underestimated。We need an “bet365 premier league odds dispute mediation” system，But if only “substantial settlement of bet365 premier league odds disputes” is the result orientation，Ignoring the legitimacy of the mediation process、Legitimacy，And the possible negative impact on the future order of society and even the concept of right and wrong at the moral level，Then，We may end up with the ending of "reaping what you sow"。

　bet365 premier league odds dispute mediation and legality review

First，Separation of litigation and judgment。In bet365 premier league odds litigation，Request filed against the plaintiff，Under legality review，The court’s referee sometimes cannot “make the decision as requested”。Such a referee obviously cannot “substantively resolve bet365 premier league odds disputes”。In this case，Can the court mediate bet365 premier league odds disputes，Achieving "the decision is as requested"？Not necessarily。If the accused bet365 premier league odds act meets the conditions for revocation，But in "Revocation will bring national interests、When causing significant damage to social and public interests”，The court can only make a judgment confirming the violation of the law (but the bet365 premier league odds act being sued remains in effect)。Although the court “also ruled to order the defendant to take remedial measures；causing losses to the plaintiff，The defendant shall be held liable for compensation according to law”，But for the plaintiff，Failed to satisfy its request。In this case，If through bet365 premier league odds dispute mediation，Withdrawal of the lawsuit after satisfying the plaintiff’s request，This may not meet the requirements of "legality review"。

Second，The defendant agrees to mediate。A prerequisite for bet365 premier league odds litigation mediation is that both parties are willing to do so。If the defendant believes that the accused bet365 premier league odds action is legal，Under normal circumstances it is impossible to agree to mediation。So，Under normal circumstances，The defendant will agree to mediation only when he realizes that the bet365 premier league odds action he has taken may not pass the legality review of the court。In this case，If both parties successfully mediate the bet365 premier league odds case under the auspices of the court，Then at least two questions should be asked: First, how can the illegality of the defendant’s bet365 premier league odds actions be resolved under the “legality review”。The second is whether the conditions for satisfying the plaintiff’s “litigation claims” meet the requirements of “legality review”。If it meets the legality review requirements，Why can’t the court resolve the issue directly through arbitration；If it does not meet the legality review requirements，How to evaluate the "conditions" for the plaintiff to accept mediation under the principle of legal administration。

The value pursued by bet365 premier league odds dispute mediation is “harmony is the most precious”，More to meet ethical requirements。In the structure of bet365 premier league odds dispute mediation system，“Means-end” is its basic method。The value pursued by bet365 premier league odds dispute adjudication is “to settle disputes and end disputes”，More to meet the requirements of legal regulations。In the structure of bet365 premier league odds dispute adjudication system，“Elements-Effect” is its basic method。If "means-end" replaces "requisite-effect"，Then，The legality of bet365 premier league odds dispute mediation、The question of legitimacy will immediately appear before us。Therefore，Mediation for bet365 premier league odds disputes，Especially the defendant’s behavior in bet365 premier league odds dispute mediation，Should also be included in the “legality review”，It should also be the proper meaning in the principle of exception mediation in bet365 premier league odds litigation。

　　bet365 premier league odds dispute mediation and bet365 premier league odds adjudication

bet365 premier league odds litigation "resolving bet365 premier league odds disputes" is not so much oriented to the court、A guide for plaintiffs and defendants in litigation activities，It is better to say that it is a national governance strategy proposed by the national legislature。If bet365 premier league odds disputes can be resolved through mediation，Looking at it from daily life experience and logic，Acceptable to most people。Even from a professional perspective，It is also certain。"Practical proof，Compared with litigation procedures, pre-litigation mediation is more focused on mediating the conflicts between the parties rather than just judging the merits of the legal relationship，To a certain extent, it is closer to the fundamental purpose of the parties (especially the bet365 premier league odds litigation plaintiffs) in filing bet365 premier league odds litigation，Also solve problems more effectively、The perspective of resolving opposing emotions provides a better way to deal with it，To ease the contradiction between the government and the people，Substantial resolution of bet365 premier league odds disputes is of great value。”But we must also see，“Because the mediation model has many advantages in resolving disputes on an individual basis，But it is difficult to form a stable knowledge system，So it is often case-by-case and localized”。Therefore，We still need to handle the relationship between bet365 premier league odds dispute mediation and bet365 premier league odds adjudication。

Compared with mediation case settlement，Court referees have at least the following functions: First，Determine the score and end the dispute。Compared to mediation，It may only "stop the dispute"，There is no “fixed score”，That is, "more emphasis is placed on mediating the conflicts between the parties rather than just judging the rights and wrongs of the legal relationship"。So，Excessive mediation results are objectively not conducive to the establishment of a holistic concept of right and wrong in society。Second，Provide a relatively individualized norm for future dispute resolution。This function is mainly realized through legal precedents。Legal precedents are based on the circumstances of individual cases，Make abstract legal norms relatively concrete through case situations，Provides a more specific rule relative to legal norms for handling similar cases in the future。Therefore，“The main contribution of the court is to private persons、The negotiation and order generated in public places，Provide background on specifications and procedures。This contribution includes subsequent communications with the plaintiff in pursuit of a judicial resolution，But that’s not all。Courts can not only convey rules and information for deciding disputes，Can also pass on information about possible relief、Difficulty in achieving results、Certainty and cost information”。Third，The continuation of the law。There are loopholes in statutory law，This is an objective fact that is difficult to deny。When the judge encounters this situation during a case，He cannot wait for the legislature to fill this loophole before making a judgment。At this time，He must find out the facts of the case，With the help of legislative purposes、Principles, etc.，Fill this legal loophole for the legislative body through the compilation of judicial reasons。In the "Guiding Cases" issued by the Supreme People's Court，There are many cases in which this function is reflected。In the face of the above three major functions of court adjudication，This article just wants to emphasize one point: relative to judicial adjudication，If it is rational for the plaintiff to file an bet365 premier league odds lawsuit，Sometimes he should be more receptive to resolving bet365 premier league odds disputes through mediation。But bet365 premier league odds dispute mediation is supplementary，From the perspective of the country’s long-term stability and stability requirements，bet365 premier league odds adjudication is the right way to resolve bet365 premier league odds disputes。

　(The author is a professor at Guanghua Law School of Zhejiang University)