About Analysis And The Investigation Of Grass-roots Judicial Civil Conciliation Work With Thought

This paper is a findings report about grass-roots judicial civil lawsuit conciliation work. The scope of investigation is mainly the Changde civil conciliation working condition of city grass-roots court in last 10 years, and have refered to the partial information that issued on the presses of open publication such as " people's judicial newspaper " in recent years. In investigation, the author has adopted to visit, convene forum can , audit adjudication , looked up the methods such as file and files, made great effort to have the firsthand investigation information of actuality and accuracy that came from in grass-roots. In findings report writing , the author has still adopted the methods such as data statistics, trade off study and case analysis except introducing for the condition of investigation , processes for material. Finally, this paper has made a suggestion that standard, perfect grass-roots courts civil litigation condition work on the foundation of investigati and analysis.Full text divided into 8 parts totally.The first overall elaborated situation that the conciliation work for the in last 10 years Changde court of each city grass-roots: Mediate to wind up a case quantity decrease year by year; As the knowledge of conciliation work tends to desalinates; It is weak to mediate working intensity trend; The program of conciliation tends to decide tendency.Second part carried out introduction and analysis from 4 aspects for the majorfactor that affects judicial conciliation: Civil lawsuit legislation is for the influence of judicial conciliation work; Try the way influence of reforming for conciliation work; Handle a case guiding ideology the influence for lawsuit conciliation work; The defect of conciliation system self is for the influence of conciliation work.The part of 3th is about the pattern operation condition " tune is careful to split" investigation and analysis. Firstly have introduced the pattern " tune is careful to split " in major characteristic and the basically running course of conciliation program. Secondly introduced and analyse two big superiorities of the pattern " tune is careful to split ": Mediate the installation of judge specially, can optimization adjudication resource disposition, it is biggest to develop adjudication efficiency; Can surmount the system " tune is careful to join one" to take off many chronic illness.Make brief introduction for grass-roots rural court running the pattern " tune is careful to split " condition. Analyse finally the pattern " tune is careful to split" limitation.The part of 4th is for conciliation principle really certificate analysis and the knowledge of" fact understand ". The analysis of law case and the fact analysis of clear exceptional quantity tomorrow, the principle of " fact understand " should be abandoned in reforming.It is partial of 5th to be about the knowledge that mediated for " back to back " with really certificate analysis, from judicial practice in highly praise generally to arouse theoretical circle for the conciliation look at it closely again.The part of 6th is analysis and the investigation about mediating book to reach condition. Firstly introduced and analysed grass-roots judicial conciliation book reach former involved party break the promise present situation and reason, secondly, have introduced grass-roots judicial and rural court to prevent that involved party breaks the promise and some countermeasures that adopted are some countermeasure and method that not quite accords with current adjudication specification mainly. The part of 7th is some thought about perfect judicial civil conciliation system. Have put forward reform and perfect conciliation system mainly from 7 aspects enter road: Found the legal system of " tune interrogate to split "; Establish conciliatory( conciliation) agreement to confirm system; Perfect conciliation toreview system; Mediate technology found; Mediate document to come into effect the transform of important document; Mediate book the transform of form; Lead into the condition attached...