Study On The Theory Of Docking Litigation And Conciliation Mode

In the process of China’s construction of socialist rule of law, rights awareness and legal awareness are becoming more and more deeply root in the hearts of the people. More and more parties choose to file lawsuit to the court as a place to resolve large and small disputes and contradictions. A single traditional litigation system is difficult to deal with the current new social condition and the limited judicial resource is difficult to meet the increasing demand of litigation. In order to seek for the solution of judicial predicament and promote the construction of China governed by law, the system of docking litigation and conciliation is put forward by the judicial organs. The system of docking litigation and conciliation includes traditional conciliation system and the research on multiple disputes resolution in western countries,etc., which is a new attempt for the judicial practice department in the field of practice and a attempt to improve the system of multiple disputes resolution.This paper explains the system of docking litigation and conciliation from four parts: the historical evolution of the system of docking litigation and conciliation, the advantages of docking litigation and conciliation, the difficulties and limitations of the system of docking litigation and conciliation faced in judicial practice and how to improve the system of docking litigation and conciliation. The first part clarifies the definition of docking litigation and conciliation and searches for the deep social and cultural background and the development and change and return of docking litigation and conciliation from its historical evolution. The second part explains the system of docking litigation and conciliation from six aspects: effectively relieving the trial pressure that the court faced currently, reducing the cost of dispute resolution, enhancing the validity of dispute resolution, eliminating the rigid confrontation in litigation, making up the limitation of the statute law and optimizing the distribution of judicial resources.The third part summarizes the difficulties and limitations that the system of docking litigation and conciliation faced on the basis of the judicial practice of docking litigation and conciliation in various places. On this basis, the author puts forward strategies and suggestions to improve the system of docking litigation and conciliation. Law is the last line of defense to maintain fairness and justice, but it is not the only line of defense. The system of docking litigation and conciliation can effectively resolvecontradictions and split some disputes and promote the judicial credibility and authority. Nowadays, the socialist legal system with Chinese characteristics has been already established and it is so regretful to say that there isn’t any perfect related legal document to adjust the system of docking litigation and conciliation. System construction is an important guarantee for docking litigation and conciliation to achieve results in practical works. The court in our country should base on the effective dispute resolution in judicial practice, promoting the legal awareness of dispute party, greatly enhancing the social harmony and stability, making the work of docking litigation and conciliation more standardized, institutionalized and having long-acting effect. Through appropriate guidance, the Justice Trial Authority not only can reveal the fairness and justice of the law, but also can promote and guarantee the application of non-litigation dispute resolution system...