Research About Abutting Joint Of Judicial Conciliation And People’s Mediation In Civil Commercial Affairs

In recent years, abutting joint of judicial conciliation and people’smediation as a kind of dispute resolution mechanism is growingvigorously in the practice of our country’s court. To build and unblockedthe abutting joint of judicial conciliation and people’s mediation under thepremise of judicial final, it contributes to resolve dispute better; it has thepositive and practical significance to the construction of harmonioussocialist society. This article puts forward to improvement suggestions,begins from the aspects, such as the concept, reason, legal theory of theabutting joint of judicial conciliation and people’s mediation, selects threecourts come from Shanghai as samples to analyze and face the problemsthat are existing in practical operation currently; at the same time, it takesexample by the relevant comparison approach, absorbs the successfulexperience in practice. This article is divided into six chapters. Chapter one, the meaning, reason and characters of abutting joint ofjudicial conciliation and people’s mediation. This article starts fromjudicial practice, defines the meaning of abutting joint of judicialconciliation and people’s mediation. And it seeks for the reasons ofabutting joint of judicial conciliation and people’s mediation from threeaspects, such as litigation explosion, the establishment of the socialist ruleof law.Chapter two, it is the legal principle about abutting joint of judicialconciliation and people’s mediation. This article makes explain from thetype of dispute resolution, the satisfaction of diversified demand, theequity of justice and benefit.Chapter three, it is the practical investigation about abutting joint ofjudicial conciliation and people’s mediation from Shanghai’s courts. Thisarticle selects a intermediate court and two grass-roots courts of Shanghaias samples, to investigate the practice about abutting joint of judicialconciliation and people’s mediation and find the common ground in theprocess of its operation.Chapter four, it is about the current situation to abutting joint ofjudicial conciliation and people’s mediation. This chapter is to furtheranalyze the situation about abutting joint of judicial conciliation andpeople’s mediation in current judicial practice from two aspects of theachievement and problem. Chapter five, it is making a comparison of relevant countries anddistricts. This article starts from comparative law; it selects manycountries and districts to examine the actions, which are similar toabutting joint of judicial conciliation and people’s mediation, and absorbslessons from them.Chapter six, there are several suggestions to make the abutting jointof judicial conciliation and people’s mediation more perfect in thischapter. The author presents view about how to improve abutting joint ofjudicial conciliation and people’s mediation from six aspects, such asimplement the current laws and regulations, further broaden theconnotation of “mediation” from the abutting joint of judicial conciliationand people’s mediation, further pay attention to the quality of“mediation” from abutting joint of judicial conciliation and people’smediation, etc.