Research On The Docking Litigation And Corciliation Of Lawyers In China

As a new development district,Jinpu District has a great practical significance to solve the contradiction with the most effective way which can solve the diversified dispute resolution mechanism with the various functions of the society.Practicing has proved that lawyer's participation in the connection of litigation and mediation can give full play to the professional advantages and provide a quick solution to the dispute.Meanwhile it can reduce the costs of litigation.According to "the Supreme People's Court on the establishment of a sound litigation and non-litigation convergence of contradictory dispute resolution mechanism","on the further protection of lawyers the right to practice a number of provisions" and "on the establishment of lawyers involved in the settlement and agent involved in petition Case system of the views(Trial)"and so on,the new district has absorbed young lawyers as staffs to participate in this mechanism.The operation of the mechanism not only save the judicial resources,but also improve the judicial efficiency.It plays a positive role in promoting social harmony.However,the mechanism comes from the policy.The provisions of relevant policy are not perfect.There are still many problems in the actual operation.It is necessary to do some further research to make it better.If the theoretical system of lawyer's mediation mechanism becomes more complete,it will be more consistent with the current position of lawyer's career development in China.Owing to this mechanism,we can solve and prevent social disputes effectively.So this kind of judicial practice is preceded by theoretical research.Despite the fact that such a mechanism has become widely recognized as a social dispute settlement approach.Because of differences between every region,the specific development of the connection of litigation and mediation is different.And the lawyer's mediation system is the "strange bedfellows" or the "happy cooperation".It is only time can give the answer that whether or not this mechanism can play an active role.However it does not prevent us to do some research and give some suggesting ideas.In other countries,the study of lawyer's participate in the connection of litigation and mediation has already begun from the 1970s.There are quite rich theoretical research and institutional design,however these achievements cannot be simply copied to our situation.But these research productions can provide us theoretical support and guidance.The innovation of this paper is to put forward the concept of "lawyer to participate in the connection of litigation and mediation as their occupations".Then doing some research on this mechanism and putting forward some possibility proposals.