On "the Three Mediation Linkage"Mechanism And Its Perfection

Increased along with the development of market economy and the settlement of disputes under pressure, resolve contradictions and disputes the traditional mode, has not fully qualified to settle disputes of the task, as new mechanisms for the effective integration of people’s mediation, judicial mediation, administrative mediation--"three mediation linkage" mechanism, which in all gradually spread, consistent with the mechanism the pursuit of the goal, unity and the spirit of the legal system, the correct leadership of the party and the rule of law principle of my perfect together. To safeguard the legitimate rights and interests of the people, resolve social conflicts and disputes, reduce the social unstable factors played a positive role.In addition, Tanase Takashio once said:"no matter what kind of dispute settlement system, in real life, different conditions of society determines the form and function of the dispute." As a dispute resolution mechanism--"three mediation linkage" mechanism, its appearance has the unique background and reason. Nowadays many important, difficult, complex disputes, especially the group events, the historical legacy of the rural family clan disputes, etc., many difficult problems in litigation, the realization of justice, the traditional mediation mechanism because of the lack of authoritative, mediation mediation subject is too single and other reasons, failed to resolve the contradiction, there is the possibility of further the dispute intensified, is likely to further upgrade, resulting in increased social instability. The "general characteristics of three mediation linkage" mechanism has not only the traditional mediation, also has a unique advantage, which in the entire process, fully respect the free will of the party concerned, abandon insufficiencies litigation and traditional mediation, non confrontational way, through the "mass self-government organizations, government departments, the people’s court coordination" the Party committee and government power, to play, to integrate various types of mediation, mediate disputes, the parties and resolving disputes, maintaining the original relationship. Therefore "is produced in China’s special social background of the three mediation linkage" mechanism, closely linked to the existence of this system and our country the dispute, the main demand, traditional law culture.But because of the "three mediation linkage" mechanism development time is not long, see both its good and bad points problems do exist, this article on the legislation and practice, on how to further improve the "three mediation linkage" mechanism, using the method of combination of theory and practice, tries to show the "three mediation linkage" mechanism in operation at the grass-roots level, reveal its flaws, and then think about how to make "three mediation linkage" mechanism is more comprehensive, scientific. For example:specify the scope of accepting cases, the reasonable construction of coordination mechanism, scientific setting responsibilities, supplement and perfect guarantee mechanism.