On The Combination Of Litigation And Conciliation Mechanism

After 2000, the economy in China has developed rapidly, with which the various social relationships has become complex. The conventional, single and sole dispute resolution mechanism has began to show its drawbacks when facing the contradictions among the people which are complicated, aggravated and in group trend. For the purpose of establishing a harmonious socialist society soon as well as in a better quality, a diverse, multi-channel and cooperative dispute-resolution mechanism shall be on the way. The court meditation system, which is regarded as a precious eastern experience, combined with the court litigation is deemed the best model for that goal. Since 2006, there have been a lot of explorations on this model in China. However, by now it is still uncertain whether the mediation plus litigation mechanism has fully played the role of resolving disputes cooperatively so as to establish a harmonious socialist society. The answer to this question is essential, for we can't make a real judgment and have further study unless we clearly know how the mediation plus litigation mechanism is practiced and what is the effect in the reality.Authors used a method with"a point to reflect the surface"in this paper. By using a representative case to reflect the combination of litigation and conciliation mechanism in most areas of our country. With the help of teachers, the authors selected a representative combination of litigation and conciliation mechanism of a district named A district which is in the middle of our country as the object if this study. After an investigation of the case's background, the author went to the court, the bureau of justice and some relevant administrative departments in A district. And also conducted a questionnaire survey on the parties. All the findings are in the first part of this paper. Then, based on the results in the research, the authors not only found the positive role of this mechanism l, but also found some problems in the mechanism. For example, lack of standardization, effectiveness is not obvious, risks such as legitimacy. These problems are not localization problems of A district. Any area where takes the"mediation plus litigation mechanism"will face these problems. In the last part of the paper, the authors proposed a reform path from 3 aspects, stresses the importance of normative, effectiveness and impartiality of combination of litigation and conciliation mechanism.Although the survey results of A district is not necessarily representative of all regions. However, the authors firmly believed that it can reflect the major area's "combination of litigation and conciliation"mechanism of our country. And also hope the reform path in the paper can provide a reference for the development of"combination of litigation and conciliation"mechanism to build a diversified dispute settlement mechanism which is consistent with China.