Litigation Mediation And People's Mediation Docking System

At present,the phenomenon of litigation explosion has been seen in our country, and is bound to become more and more significant.Civil trial of grassroots people's courts how to play the positive role in constructing harmonious society,extend it's judicial guarantee function,and solve disputes and social contradictions effectively where judicial resources are limited has become a major issue we have to face and resolve.On the other hand,People's mediation which enjoyed the reputation of "oriental experience" in the international society has trend to decreased currently.ADR is becoming to be widely emphasized in the world.Courts in all countries are inclining to adopt judicial control and promote internal inform in proceedings in order to improve litigation efficiency,as well as unveil different systems to encourage parties to solve their disputes through more convenient and flexible non-litigious methods.On the purpose of soluting litigation crisis in our country,this essay makes references to foreign research results and combines with the actual conditions of our country, attempts to research and discuss the litigation mediation and people's mediation docking system form both theoretical and practical aspects,and analyzes the value function and realization conditions of the litigation mediation and people's mediation docking system. On the basis of all the above,this essay gives a microscopic advice in how to construct incidental substitutable disputes solution systems in the courts of our country,in the hope that this piece of advice could make some referential value in future law-making or law-amending.This essay is divided into four chapter,except the preface."Litigation mediation and people's mediation docking system Conspectus "section, firstly the writer defines the concept of research object.Then starting with the actual objective causes and historical tradition,the writer puts forward the urgency and necessity of constructing research system.Secondly,the writer will give a brief introduction of current research situation both in home and abroad."The realization conditions and value analysis of litigation mediation and people's mediation docking system" section,first,through the introduction of laws and regulations in force in our country,the writer proposes the realizing conditions of litigation mediation and people's mediations in four aspects,such as conflict subject, judicial limitation.Second,absorbing Posner's economic efficiency cost analysis theory, this essay analyzes the value of constructing litigation mediation and people's mediation docking system from three aspects:efficiency,justice,constructing harmony."The use in practice of litigation mediation and people's mediation docking system" section,from the analysis of the practice of litigation mediation and people's mediation docking system in People's Court of Beibei District of Chongqing Municipality,this section points out that although without the guidance of specific laws,it has been trying.The writer mainly introduces the actual practices and achievements,as well as discusses the function orientation problem of courts,then proposes some ideas of solution in order to accumulate experiences for our future mediation system construction and legislation perfection."Assumption of constructing court's incidental mediation system "section,this section puts an assumption of constructing incidental mediation system in courts in our country,after the comparative analysis of three main substitutable disputes solution systems in the world,mainly gives some suggestions in concrete proceeding construction of four systems:the judicial review of people's mediation agreements before litigation,compulsive mediation before litigation,pre-trial conciliation,and attorney conciliation.Writer in this section strongly recommends the legislature unveils Civil Mediation Law as soon as possible.