Study Of Cohesive Device Between People's Mediation And Justice

As "litigation explosion" time arrives, in east China of developed economic regions, dramatically increased social disputes bring huge judicial pressure to the basic-level people's courts which have limited judicial ability. It is a basic actuality of basic-level people's court that judges bear great business pressure. In order to alleviate the basic-level people's court of the great litigation pressure, China is constructing multiplex dispute settlement mechanism. In China judicial resources are limited and cannot get effectively improved recently, so to realize the cohesion between people's mediation system and justice has great realistic and theoretical significance.Based on conflict of limited judicial resources and judicial demand expansion, cohesion between the people mediation system and the judicial includes two level: the people's mediation system and litigation cohesion and people's mediation system and the intermediation of the court . The realization of cohesion of the people's mediation system and litigation is base on the following basic ideas :First, designing systems lead more dispute into people's mediation program processing, which we call it as "case tap". "The case tap" will come ture through accepted levels cohesion of the people's mediation system and litigation. Disputes into the people's mediation program can be what are handled by courts or are not handled by couts. We can design people's mediation prepositional procedure, litigation costs and bearing mechanism to guide disputes into people's mediation program system.Besides raising validity of people's mediation agreement, enhance social credibility of people's mediation which can attract the parties choose people's mediation,are useful. Second, ensure more disputes in people's mediation program effectively resolved through system design .This step is very important which is related to the success of cohesion of the people's mediation system and litigation or not.People's mediation and the court mediation are base on the theoretical basis of the cohesion, and both have essence identity in the system. People's mediation agreements lack of legal protection, however, the court mediation results have judicial safeguard. People's mediation and the intermediation of the court itself didn't get sufficient play because of self-defects. People's mediation and the logic of court mediation is connected through system design, compensating for people's mediation and defects of court mediation.iI China to realize cohesion of people's mediation and court mediation is mainly through entrusted mediation and assist mediation. Entrust mediation well realize the combination of the people's mediation advantages and court mediation system advantages ,which can overcome the people's mediation and court mediation inherent defect. Assist mediation is the intermediation of the court which the court absorbs people adjusters or professionals to participate in mediation to relieve the judge handling stress, relieve antagonism and improve the quality of mediation significance.