Research About Coordination Of Civil Dispute Resolution Mchanism

Nowadays, with rapid development of our socialist market economy,deepening reform and opening up and growing of industrialization,urbanization,modernization process。The benefit pattern is adjusted largely, which led to the production of many disputes and conflicts, and these disputes and conflicts present complexity, group, and many other new features. Building a socialist harmonious society of socialism with Chinese characteristics become an important task.Correspondingly, the practice of "rule of law and building a socialist country ruled by law," the country's ills, the conflicts and disputes are included in the legal system, make a variety of dispute resolution to play its due role in their own, establishing and improving the diversification of dispute resolution mechanism become the most important legal work. At present, led to litigation, reconciliation, people's mediation, arbitration, administrative process and court mediation system, supplemented by the diverse dispute resolution mechanism has been formed.However, the dispute settlement mechanism showing an overall diversification of a kind of chaotic situation, the system has not yet formed a scientific system。Based on the theory of civil procedure law and judicial practice, this paper include three issues:the main dispute resolution methods for each of the obstacles in practice, improve, and a dispute resolution and litigation coordination, to carry out a trial to study,hope to provide some help for practice.In this paper, by the way of comparing between domestic and international dispute resolution, especially by studying China's current dispute settlement mechanism, digging deep-seated reasons under the current judicial dispute resolution in practical,used to find the problems and constraints in their development and proposed for the existing problems and targeted solutions. The main civil law is based on theory and practice of dispute resolution and litigation of the coordination of judicial recommendations, the use of judicial authority to resolve disputes in other ways protect the work better. In content, the main four parts:Part I:details of the current dispute resolution of several majorOur dispute resolution generally can be divided into two categories, one is litigation, one is way litigation. The former mainly includes litigation and mediation, which includes people's mediation, arbitration, administrative processing. In this section, introduces the meaning of the various dispute resolution and dispute resolution in terms of their unique advantages, which is a study of this premise.Part II:The exist of obstacles of the dispute resolution in practiseThe author believes that in order to better enable other dispute resolution and litigation to the coordination and convergence, you must first improve the dispute resolution mechanism itself. To improve you must first identify their own problems. Litigation is a variety of dispute resolution provisions in the law the most comprehensive, value most, and in addition litigation, other dispute resolution are varying degrees of problems. Therefore, in this part, the author main dispute resolution methods other than litigation in the practical application problems. Arbitration, for example, that many citizens, legal persons and other economic organizations of arbitration not understand, a considerable number of people do not know of such a dispute resolution arbitration, which is a rather embarrassing situation. High degree of specialization of arbitration, but was to some extent virtual home, which the state runs counter to the ideal of justice.Part III:the way of completing the solutions of the disputeThis section is targeted mainly at the second part, the people have to focus on mediation, arbitration, administrative processing and court mediation measures to improve their own, as later in the fourth part of the dispute resolution proceedings in harmony with the theory and institutional basis.Part IV:the way which make the dispute resolution proceedings in harmony In the system construction, the people's mediation, arbitration, administrative processing, court mediation, letters and other dispute resolution proceedings did not coordinate well with and convergence is still not formed a positive interaction, functional complementation, procedures and effective convergence and mutual support mechanism, leading to increased costs the parties to resolve disputes and serious waste of judicial resources, and many other issues. After many disputes in practice people's mediation, arbitration, mediation or the court after the administrative processing, often due to the legal validity of the results, if the dispute has not been completely resolved, the parties still have to sue, leading to disputes in the secondary processing. As a result, not only increased the party's advocacy tired, but also a waste of judicial resources. This part is the in-depth analysis of the dispute resolution and litigation to better coordination and convergence of the method and approach to establishing a convenient, economical, efficient and reasonable diversification of dispute resolution mechanisms, to promote social stability and the rule of law as a valuable development ideas.