Research On Delegation

Nowadays, our country is in a transitional period, the economy is developing with a high speed, the social structure is undergoing great changes, various political and social problems arise frequently, and should be resolved timely and effectively by proper channels. There is the conflict between the limitation of the judicial resources and the expansion of social disputes. Singleness of confrontation lawsuit has already cannot met the demand of diversification social relationships. The delegation-conciliation exactly in this case arose, it is not divorced from our mediation tradition and learn from the judicial system of ADR of the national judicial reform, is a non-litigious dispute resolution which is developed on our local resources. Since Changning District People's Court of Shanghai have adopted delegation-conciliation model by people mediation window in 2003, there are at least 17 provinces, autonomous regions and municipalities explore it now. But duo to the absence of legislation, there are many factors which restrict its development in practice. Therefore, it is necessary to explore the nature and actual condition of delegation-conciliation to offer theory support to perfect the delegation-conciliation.The first part of this passage is the analysis of the basic theory of the delegation-conciliation, introducing the concept and features of delegation-conciliation, making qualitative analysis of delegation-conciliation, and comparing it with people mediation, court mediation and assistance mediation to get a better understanding of delegation-conciliation. The second part investigate similar systems in other countries and Taiwan, which include America's court-annexed mediation system, Australia's mediation system, Japan's civil mediation system, France's mediation system and Taiwan's mediation system, from which can provide us with a great deal of inspiration of how to improve our delegation-conciliation system. The third part demonstrates the necessity and possibility of delegation-conciliation, attempt to prove its legitimacy and reasonability on legal, and provide the theoretical preparation for the perfection of delegation-conciliation. The fourth section analyzes the practice condition of delegation-conciliation from legislation and the model of court practice, emphatically introduces operation condition of Shanghai Songjiang District People's Court, and finds out the problems in practice. The fifth part mainly gives several pertinent suggestions to its deficiency in practice and hope to present a more reasonable and suitable delegation-conciliation project for China through empirical study. This main contents of this project contain improved advices to the principle of delegation-conciliation, scope of the mediation, qualification and appointment of the mediator, connection between delegation-conciliation and lawsuit, validity of mediation agreement, security system and so on. Based on the practice of delegation-conciliation, this passage tries to perfect our country's delegation-conciliation system by learning from other countries and Taiwan.