On Relationship Between People's Mediation And Litigation

From 80's to 90's of the 20th century, with a climax legal system development and litigation, mediation and other Chinese non-dispute settlement proceedings begin to decline. However, the practice shows that only rely on formal dispute resolution proceedings to meet social needs, and establish a foundation for the rule of law, pluralism in the dispute settlement mechanism more in line with the sustainable development of society and the rule of law needs, which needs not only diverse ways of dispute resolution but also the function of relief, organic connection and integration of different dispute settlement mechanisms. People's mediation is the most important non-litigation dispute resolution mechanism in China. So, it is a key step for the development of our social dispute settlement mechanism to achieve concordant relation between people's mediation and litigation.This paper has made a general study of the relation between people's mediation and litigation, which mainly includes four parts. At first, the author introduces the background and sense of the thesis through 3 hands :the social dispute resolution system, people's mediation system and lawsuit procedure ; the second part analyzes the basic mechanism of the interrelation between people's mediation and litigation in theory and summarizes the corresponding history; then, the author analyses and comments on the present situation of the relevant legislation, system and some new practice forms; based on the discussions above, the author gives the suggestion on establishing reasonable system and procedure aiming at the harmonization between people mediation and litigation .