A Study On The Connection Of ADR And Civil Procedure

This year marks the 40 th anniversary of the reform and opening up.During the 40 years of reform and opening up,China's attitude towards disputes has undergone a transition from “litigation-oriented” to “diversified dispute resolution”.In the 1990 s,especially 21 Since the beginning of the century,diversified dispute resolution mechanisms have become more and more popular.However,historical experience tells us that the resolution of conflicts and disputes is not desirable either through simple litigation or through non-litigation means.With the continuous development of society,non-litigation dispute resolution mechanisms and litigation procedures are integrated with each other.The trend of infiltration has become more obvious.Perfecting the convergence between the two is conducive to constructing a diversified dispute resolution system combining non-litigation and litigation in China so that more and more contradictions and disputes can be resolved in a timely and effective manner.The key part of this is very research value.The emergence and promotion of the litigation and docking mechanism were not arranged by the state and were deployed in the grassroots judicial practice in China.In order to better resolve contradictions and disputes,they gradually formed spontaneously.To a certain extent,the litigation mechanism can be said It is a way of resolving conflicts in the country that rivals the Western ADR system.According to statistics of the Supreme People's Court's work reports of the two associations in 2018,the courts in the country so far have set a total of 3320 special litigation docking centers and 15,432 specialized staff.In addition,in 2017,a total of 198,000 judicial confirmation cases were accepted across the country,confirming that the mediation agreement is valid.There are 163,000 pieces.Although certain achievements have been made in the development of the docking work in China,it should be noted that at present,the scope of the cases such as mediation is not clear,the mediation procedure is not standardized,the relevant provisions of the judicial confirmation of the mediation agreement are still to be improved,and the related security system is lacking.The problem still seriously hampers the further development and research of the docking mechanism in China.This article mainly focuses on the summary of the mechanism of the litigation and docking mechanism,the status of the litigation and docking mechanism,the existing problems of the litigation docking mechanism,the extra-regional reference of the litigation docking mechanism,and how to perfect the matchmaking mechanism.The overview includes the emergence,concept,and theoretical exploration of the litigation and docking mechanism;the current research includes the main modes of the current litigation and docking mechanism and its manifestations in judicial practice;the existing issues are ambiguous from the mediation-related norms.The deficiencies in the provisions of the judicial confirmation system and the imperfections of relevant safeguard measures are described in three aspects.Immediately afterwards turning the perspective to foreign countries,Japan's "Civil Adjustment Law" was used as a reference object,and compared with our country's mechanism of compensation and adjustment,in the hope of the further development of China's litigation and docking mechanism.At last,according to the existing problems in our country's litigation and docking mechanism,we present our suggestions for perfection.We hope that we can provide suggestions and suggestions for the continuous progress of the connection between China's non-litigation dispute resolution mechanism and litigation procedures.