The Empirical Analysis. Non-litigation Dispute Resolution System And The Problem Of Convergence Of The Litigation System

From a philosophical perspective, there are always relations with the unified opposition between disputes and harmony. In the transition period, social disputes rooted in mental imbalance and the conflict of interest. It is important that social conflicts and disputes are rapidly detected and fairly solved in order to reduce the pressure of judicial relief mechanisms. Besides, to achieve the goal of orderly solving conflicts, it is necessary to reduce overall social costs of dispute resolution. At present, the social disputes settlement mechanism showed scattered paralysis of civil mediation, litigation explosion, implementation difficulties, petition tying management disorder and other series of drawbacks, which is difficult to adapt to the requirements of harmony and the rule of law. Therefore, I am trying to properly think about the idea of constructing a dispute settlement mechanism about mediation and litigation process from an empirical perspective. I try to write an essay referring to accelerate the system construction to improve the methods of remedy and modes of operation, for the purpose of promoting the rule of law. In this paper, the author write the essay in the way that "in the plural remedy lawsuit pattern, what is the trouble, non-litigation plural remedy mechanism and plural remedy lawsuit connected with the role, foreign lawsuit accusing the plural remedy mechanism in the model, the exploration and practice on in judicial practice problems and should be perfect". And the article is divided into five chapters.The first chapter introduces the problems that exist in the using litigation in dispute settlement. Through large amounts of data and the empirical analysis, the author gives a deep research on the issue that the current judicial resources and litigation of contradictions could not satisfy the increasing disputes.This chapter calls for further through diversified non-litigation plural remedy mechanism to realize the masses of resolving contradictions.The second chapter introduces the meaning and function of the plural remedy mechanism non-litigation, and further expounds the necessity that lawsuit is connected with non-litigation. According to the article from the supreme people's court, the author analyzes the background about the some opinions of litigation and litigation plural remedy mechanism, and focuses on the importance of non-litigation plural remedy mechanism.The third chapter introduces the successful pattern of foreign countries. The author mainly analyses the USA, UK, Germany, Japan and other countries in litigation and arbitration, mediation, litigation and litigation and industry associations, the successful experiences for our judicial practice.In the fourth chapter introduces the practice of lawsuit accusing the plural remedy mechanism. The author analyzes the court in judicial successful practice of Shanghai, Chongqing, Gansu province. This chapter focuses on the successful experience of Kuiwen court about the model of mediation.The fifth chapter introduces the problems existing in the judicial practice process. The author analyses the causes of problems, and finally puts forward with the lawsuit accusing and the non-litigation should be connected with mediation.