On The Combination Of Litigation And Conciliation Mechanism

Some people think that, due to the scarcity of resources, human society is full of contradiction, and this conflict is the manifestation of conflicts and disputes. With the social development and progress, disputes and conflicts that increasingly become more complex, more diverse, so that modern society's most authoritative dispute resolution approach ----the trial, can no longer respond to real needs. To achieve social harmony, so that conflicts and disputes should be resolved to achieve social balance. Contradiction has great variety, and the ways to ajust disputes should be diverse relatively. Combined with a variety of ways of dispute resolutions, to realize every kind of dispute settlement efforts to adjust the dispute results----the"Combination of litigation and conciliation"mechanism was born in this context.The"Combination of litigation and conciliation"mechanism is the litigation and mediation mechanisms interrelated. In essence, It is the combination of legal mechanisms and non-litigation mechanisms. At this stage, this mechanism is on fiery operation, and has its positive and negative aspects. The author read through the relevant literature has enriched the"Combination of litigation and conciliation"mechanism theory of literacy, specifically the multiple disputes settlement mechanism of the advantages and disadvantages, took part in filed research, are familiar with"the specific operating procedures and practical results of the dispute settlement mechanism". After careful analysis, the author believes that its positive effect is autonomy, efficiency and confidentiality, while the disadvantage is that the legal basis, scope, roles and so on. Meanwhile, in this paper, the value and role of this mechanism were discussed. The value lies in its efficiency and diversity, optimizing party interests and promoting the process of legal state. In terms of its role, It is a kind of independent dispute resolution, has its own characteristics and scope, to supplement each other with the principle of the ultimate resolution of the court. Finally, according to the status of the mechanism ,this paper tentatively put forward the start system, receiving and handling system, monitoring system, incentive system and the evaluation mechanism, which intended to perfect its operating system, That the"Combination of litigation and conciliation"mechanism should have a party for the start and the Sector access ,moreover, should the Sector as the main method of intervention, because it is the features of the Dispute Settlement Mechanism that make up for deficiencies in the Court which is passive; this paper also holds that the "Combination of litigation and conciliation"mechanism handling system should be characterized by voluntary, efficient and secrecy, by the goals of 3E,to achieve the ideal state dispute settlement; the supervision system, should build a common internal and external oversight coordination mechanism, at the same time, social supervision system, to form a joint force monitoring mechanism, and then realize the Mechanism's value. This paper also raised the idea multiple incentives aimed at encouraging the participants to make every effort to achieve a satisfactory solution to the dispute; then, the paper discussed the evaluation mechanism approach, proposed the method of the combination of case number and case ending rate,to conducted a reasonable quantitative performance of the staff, realize the effective staff performance appraisal, mobilize the enthusiasm of the staff. Finally, this paper conducted a preliminary discussion and prospected the Mechanism.