The Functional Orientation Of Court In The Pluralistic Dispute Resolution Mechanism

The existing orientation of the court is mainly from the perspective of judicial power and judicial law.lt is considered that the basic functions and extension functions are the two major categories.The basic dispute resolution function is not controversial,the main is for extension function,this paper adopts three functions of social control,power restriction and public policy formation.However,admired with the pluralistic dispute resolution mechanism,the research on the function of the court needs a new research perspective,because only from the basic or extension function,the role of the court in the mechanism will be blurred and not conducive to it,because of its extensive research perspective.That is to say,there has been a lag phenomenon in the research of the court's function orientation nowadays.Therefore,we need to reconsider the court under the mechanism.In the background of the pluralistic dispute resolution mechanism,the functional orientation of the court needs to explore a new orientating mode on the existing orientating.And such a orientation must conform to the internal requirements,which about litigant's litigious rights protection,the judicial credibility maintenance,the party and government leading mode,and can not ignore the three requirements in order to pursue more efficiency and pluralistic.At the same time,in the process of orientating,there will be three influencing factors such as heavy responsibility for dispute resolution,different disputes in various places and non smooth connection.The analysis of these factors has been explained through the combination of empirical research and reasoning and argumentation.In the end based on the basis of the existing function orientating,internal requirements and influencing factors,combined with the existing relevant provisions,this paper makes a whole layout of the transformation of the functional orientation of the court in the pluralistic dispute resolution mechanism,and demonstrates that the four parties should have the functions of guidance,organization,supervision and legislative promotion after the transformation.The function of the court is the new orientation in the mechanism.The function of guidance and organization is the special function of the court in the mechanism.The function of supervision and legislation is based on the refinement of the extended function(which is referred to as the refinement of the extended function).Of course,the orientating of these functions is also based on the dispute resolution and social control.Under the orientation of these four functions,the court will play a role as a guide,a cohesive,guardian,and a facilitator in the process.