一、直接开庭的依据直接开庭是从近年来的民事审判实践中概括得出的一种审判方式,是指对具备一定条件的民事案件,不先行调解,就依照民事诉讼法的开庭程序直接开庭审理。直接开庭的审判方式有别于长期以来普遍采用的先行调解的审判方式。先行调解的审判方式是指先对当事人进行调解,也叫庭前调解,只有在调解不成而又必须审结案件时,才正式 I. The basis of direct trial The direct trial is a kind of trial method summarized from the civil trial practice in recent years. It refers to the civil case that has certain conditions, without prior mediation, it directly conducts the court proceedings in accordance with the Civil Procedural Law Trial. The trial method of direct trial is different from the trial method of advanced mediation, which has long been widely used. The mode of adjudication in the first mediation refers to the mediation of the parties first and also to the mediation before the court. Only when the mediation fails and the case must be closed are the formalities