Study On The Link Between Non Litigation Dispute Resolution Mechanism And Litigation Procedure

The mechanism and procedure of coordination and interaction of alternative dispute resolution,effective cohesion is a key link in building a diversified dispute settlement mechanism.In order to alleviate the court case much less pressure,timely and effectively resolve various social contradictions and disputes,maintaining social harmony and stability,promote social and economic development,in addition to improve the judicial system and judicial proceedings by reform,also must establish non litigation dispute resolution mechanism,promote the settlement of non litigation dispute mechanism and proceeding,to further deepen the reform of Pluralistic Dispute Settlement Mechanism,play a non litigious dispute resolution mechanism cases,instead of litigation function.But the non litigation Disputes settlement mechanism has some limitations,such as low potency,not enforceable,procedures are not standardized to be abused,therefore need to provide relief for the judicial procedure,the non litigation dispute resolution mechanism into the orbit of the rule of law,promote the standardization and institutionalization,the formation of a legal system.This paper describes the interface the mechanism and procedure of background to solve the non litigation dispute,the value and the status quo,the lawsuit and intermediation as an example to analyze the existing problems and puts forward improvement measures to solve these problems,to demonstrate the alternative dispute resolution mechanism and convergence procedure is necessary and feasible.In addition to the introduction,this paper consists of four parts:The first part,the alternative dispute resolution mechanism and procedure.Overview of cohesion mainly expounds the necessity of convergence mechanism and procedure to solve the non litigation disputes,including the convergence of the background,value and litigation and non litigation dispute resolution mechanism to solve the localization and function of practice in the dispute.Firstly,non litigation dispute resolution mechanism and litigation cohesion the program background has two aspects: one is the reality of the plight of China's current litigation dispute solution,such as the number of cases increased sharply with the contradiction between the limited judicial resources,and the inherent limitations of litigation dispute solution;the two is non litigation dispute resolution mechanism advantages to make up for lack of litigation dispute solution.Secondly And non litigation dispute resolution mechanism to solve the role in practice in the dispute can not be replaced,non litigation dispute resolution mechanism and procedure of convergence of significance: to provide diversified dispute settlement mechanism for the society,to meet the diverse needs of social disputes;guarantee the rule of law and the gradual development of the modernization of the legal system;rational use of judicial resources,reduce the court the pressure;promote the coordinated development of law and society.Finally,the relationship between litigation and non litigation dispute resolution mechanism is complementary in function,can join each other in the program.The second part,the status quo and the procedure to solve the convergence mechanism of China's non litigation dispute.Litigation dispute resolution mechanism and the current status of convergence procedure includes two aspects: one is the non China's Supreme Court has issued a non litigious dispute resolution mechanism and related regulatory convergence procedure,from the macro guidance of the local court settlement non litigation dispute between mechanism and procedure;the two is China's non litigation dispute resolution mechanism and practice convergence procedure,such as the construction of the lawsuit mediation linkage mechanism,explore the litigation and non litigation multivariate cohesion,build V tune docking center,after more than and 10 years of exploration and practice,has achieved good practical results,but there are still many deficiencies,such as the lack of a unified standard system,the practice of different ways,the direction is not clear,the specific measures of chaos.The third part,non litigation dispute resolution mechanism and proceeding problems in lawsuit and intermediation as an example.The author analyzed the existing problems in the practice of litigation and mediation,such as the difficulties and limitations of the mechanism facing the development of alternative dispute resolution,leading to lack of litigation and mediation foundation;applicable lawsuit and intermediation the scope is not clear;litigation and conciliation procedures are not standardized and the lack of the security system and other factors of non litigation dispute resolution mechanism and proceeding work.The fourth part,perfect the non litigation dispute resolution mechanism and proceeding mechanism--Taking as an example.According to the lawsuit and intermediation of litigation and conciliation problems and puts forward some perfect measures for non litigation dispute resolution mechanism and proceeding to provide reference.Such as the construction of the lawsuit and intermediation platform based on Litigation Service Center,and clearly the duties and functions of litigation and mediation platform,clear litigation and conciliation procedures for the types of cases and the scope of the disputes,regulate litigation and conciliation procedures,establish the corresponding supporting measures.