Study On "Linkage Of Three Mediation" Mechanism

Mediation as a legal system with Chinese characteristics reconcile conflicts and balance of social relations by its unique way of resolving contradictions,and play an important role in modern the rule of law society . With the practice of the rule of law process, mediation has spawned a variety of forms, Linkage of three mediation mechanism is one kind of that. As a new mediation system,the research of it still not too much, this paper take a combination with Linkage of three mediation case of Xiangtan City in Hunan Province where I living and the related legal theories , then make analysis and reflection on this mechanism.The first chapter: take an overview of the linkage of three mediation and value analysis. This chapter firstly analysis the concept of Linkage of three mediation mechanism.Secondly,make an example with Xiang Tan city'Linkage of three mediation mechanism , analysis its organization and the mode of operation then summarize its characteristics.the lastly analysis the value of Linkage of three mediation mechanism.The second chapter: analysis the backgroud and the reseaon that Linkage of three mediation mechanism. Mainly from four aspects of this chapter to analyze the background and causes, the first of a three-tune linkage of contemporary social transformation in China during the great complexity of social conflicts arising in the context, followed by an analysis of the mechanism of production can not be separated mediation of China's traditional culture, once again, as the core of people's mediation of civil mediation encountered various difficulties, the final analysis, the Court faced increasing litigation pressure and their own limitations action prompted a three-tone generation linkage.The third chapter: Reflections on the three tone interaction. This chapter from the rule of law, justice, mediation of voluntary, community self-government point of view of three notes of several linked the problems and suggestions.The fourth chapter: to establish a kind of Alternative Disput Resolution(ADR) with Chinese characteristics. This chapter have three aspects, firstly introduced and comparative analysis several Western developed countries's Alternative Disput Resolution as the United States, Britain, Japan and Germany, then learn from its experience. Secondly, the Chinese characteristics of Alternative Disput Resolution should be in litigation for the dominant position, various Alternative Disput Resolution mechanisms and judicial proceedings of a combination of mechanisms. Finally, preview the future development trend of Linkage of three mediation mechanism.As a new and with Chinese characteristics, Chinese Alternative Disput Resolution should be building it into a safeguard judicial authority, that help China achieve self-rule of law and efficient type of alternative dispute resolution.