Studying On The System Of Docking Litigation And Conciliation

The system of dcoking litigation and conciliation as a mechanism for dispute settlement mechanisms to explore and try, it is an important measure to strengthen the harmonious administration of justice, is the need for diversification of dispute resolution, but also the internal needs to improve the people's mediation system. The mechanism of dcoking lawsuit and intermediation is a new thing, the theorists are mostly on the practice and experience, lack of depth legal analysis of its systems. This article is from the content , the domestic and foreign experience, the legitimacy of the system and the specific building construction systems for analysis. Paper is divided into four parts, and its specific contents as follows:The first part describes the logical starting point, namely, "The system of dcoking litigation and conciliation " of the origin and meaning and the legitimacy of complaints and intermediation mechanisms for interpretation. The analysis of origin and meaning, contribute to better grasp the concept of the dark, lay a theoretical foundation for the full text. Lawsuit and intermediation mechanisms explained the legitimacy of its existence in order to explain the urgency and necessity for construction of the system lay the theoretical tone;The second part is related to the system of the domestic and foreign. Chongqing, China selected North Pei District People's Court, Jiangsu, Wuhan City Court and District Court as a representative of riverbank; foreign systems, the mediation system in Japan, the United States Court Annexed Mediation System, the German system of compulsory mediation before the indictment are described;The third part of the lawsuit and intermediation system first analyzes the feasibility, both from the existing legislation, or from the current practice, the trial court system and people's mediation can achieve docking; followed by analysis of the practice of the lawsuit and intermediation model of three : Court-led, government-led and dominated the specialized agencies. Finally, the author proposes to build the court-led mode of action and intermediation;The fourth part is the Court led Docking Mode. Proposed to build three major systems, to achieve the six docking. These three systems are: People mediation agreement before the judicial confirmation mechanism, mandatory mediation system for pre-indictment and pre-trial settlement system. Six docking is: the concept, the system of work , the case, the staff, the legal effect and the way of remedy.