On The Mechanism Of "the Connection Of Litigation And Mediation" In Civil Litigation

In recent years, with the development of the socialist market economy of China, the multiple patterns of social interests are becoming more and more distinct. Owing to the increasing conflicts between various groups of interests, the courts are confronted with a great number of disputes and putting up with more and more pressure in trial. The social organizations of mediation, which have been set up in the past years, are playing a positive function in solving disputes. However, these organizations have evident limitations. Taking the traditional people’s mediation as an example, people are becoming less dependent on the community and the foundation of the interest community and the authority on which the traditional people’s mediation relies have been shaken as a result of the disintegration of the people’s commune, the promotion of the family contracting mechanism in the countryside, and the conduction of the reform on the economic system in the urban areas. Actually, the people’s mediation has a descending position and function, or even becomes useless in solving disputes because it is unable to meet the demand for solving the great number of disputes in time. In addition, with the influence of the trend of worshiping litigation, some people look down upon the traditional system of people’s mediation and intend to turn to the courts for solving disputes. Considering the practical situation of solving disputes in new time and the specific demand of various subjects and the concept of realizing impartiality and benefits, it is urgent to set up a multiple mechanism of solving disputes in which functions complement and procedures connect with each other. The mechanism of "the connection of litigation and mediation" is a new exploration and trial for setting up and improving the multiple mechanism of solving disputes in China. The thesis starts from the implication of "the connection of litigation and mediation", makes a comparative study of the relevant systems in foreign countries, puts forward the suggestions for improving this mechanism on the basis of analyzing its current application in China so as to set up an improved multiple mechanism of solving disputes and benefiting the society.