A Study On The Perfection Of Diversified Dispute Settlement Mechanism In China

October 23,2014 The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China adopted the Decision of the Central Committee of the Communist Party of China on Several Important Issues in Promoting the Rule by Law."Decision" requires the optimization of the allocation of judicial power,the establishment of public security organs,procuratorial organs,judicial organs and judicial administrative organs with each other,mutual restraint mechanism,the organs of their duties,impartial justice,improve the credibility of the judiciary.This requirement also points out the direction for the study of the diversified dispute resolution mechanism after China.The case system of the court case is changed from the filing system to the filing registration system,and the case that the people 's court should accept the case according to law,so that it is necessary to handle the case and protect the litigant' s litigation right.But this change has also led to a series of problems: the number of cases and the number of cases of the case there are contradictions between the number of contradictions;false,malicious litigation cases;abuse of litigation rights;petition and judicial credibility issues.The greatest impact on these issues is the negative consequences of the increase in the number of cases that bring the pressure to the court.Therefore,the establishment of an effective diversified dispute resolution mechanism in our current judicial practice is particularly necessary.Based on the existing theoretical research in China,this paper studies the advantages and disadvantages of the diversified dispute resolution mechanism in practice based on the domestic research status,and puts forward the diversified dispute resolution mechanism in China by drawing on the advanced experience of foreign countries Perfect advice.I hope this proposal can be China's diversified dispute resolution mechanism for the development of the benefit.In addition to the introduction,the article is divided into three parts:The first part is an overview of the diversified dispute resolution mechanism.This part first expounds the meaning and characteristics of the diversified dispute resolution mechanism and the running background and realization foundation of the diversified dispute resolution mechanism in China,and provides theoretical support for the comprehensive development of the thesis.The second part,the review of the practice of diversified dispute resolution mechanism in our country.This part mainly combs and analyzes the practice of the diversified dispute resolution mechanism in our country,summarizes and summarizes the problems and problems of the diversified dispute resolution mechanism.The third part is to improve the diversification dispute resolution mechanism of our country.After analyzing the present situation of the diversified dispute resolution mechanism in our country,combining with the relevant advanced experience,from the sound relevant legislation,establish the concept of "stratified progressive",clarify the status and function of the subject,perfect the coordination and docking between the mechanisms,and social dispute resolution Mechanism of the market-oriented operation,and establish the authority of a wide range of dispute resolution mechanism and other aspects of the reconstruction of China's diversified dispute resolution mechanism recommendations,expectations for China's dispute resolution mechanism research and practice play a positive reference.