Study On The Mechanism Of The Connection Of The Litigation And Conciliation

In this paper，aiming at the phenomenon of docking litigation and Conciliation mechanism，expounds the practical significance of "rise of docking litigation and Conciliation" mode ofoperation. around the "docking litigation and Conciliation", analyzes the existing "dockinglitigation and Conciliation" mechanism problems. On this basis, from the diversification of thedispute settlement mechanism of some foreign developed countries the practice, proposed someimprovement docking litigation and Conciliation mechanism. One, strengthen propaganda,enhance community awareness of docking litigation and Conciliation mechanism, theformation of extended docking litigation and Conciliation mechanism of consensus. Second, thehigh order method for a building a diversified dispute settlement mechanism, learn from foreignadvanced experience, perfect the legal system; thirdly, the Party committee and government, thecourt, social mediation organizations carry out their duties, do their duty, for the docking litigationand Conciliation provides better security, better play docking litigation and Conciliationmechanism.This paper mainly from the following four aspects. The first part is a summary of dockinglitigation and Conciliation mechanism. Rise from the judicial practice of docking litigation andConciliation mechanism of the background analysis, docking litigation and Conciliationmechanism, probe into the connotation of docking litigation and Conciliation mechanismIntroduces the main contents and methods of docking mechanism of action in China oftone, including the litigation mediation to assist the judicial confirmation, and then introduces thedevelopment and the legal basis for the docking mechanism of action in China and the practicalsignificance of the current implementation of the litigation and mediation mechanism.The second part has analyzed our country docking litigation and Conciliation mechanismof the existing problems, mainly include: the social from all walks of life existencedeviation understanding of docking litigation and Conciliation mechanism, not only the public onthe docking litigation and Conciliation know little, but docking litigation Conciliation Participantunderstanding was in confusion. docking litigation and mechanism of the character to beclear; docking litigation and conciliation legislation needs to improved, applicablescope, procedures are not clear, cohesive mechanism is not smooth. the judicial mediation protocolvalidation procedures are not standardized the protection mechanism is not perfect etc.The third part discusses the mechanism and its enlighten significance to solve thediversified dispute solving mode of foreign, mainly inspects the common law of England.American and the mode of he civil law of Germany, Japan and China’s Taiwan area disputes, aswell as the inspiration of docking litigation and Conciliation mechanism in our country.The fourth part discusses the countermeasures and suggestions to improve the dockinglitigation and Conciliation mechanism. Including to improve community awareness of dockinglitigation and Conciliation mechanism. its role is clear docking litigation and Conciliation mechanism. Perfect docking litigation and Conciliation mechanism, laws and regulations.Specification for judicial confirmation of people’s mediation procedure. perfect dockinglitigation and Conciliation mechanism and the safeguard mechanism.