Empirical Analysis On The 0peration Of The Connection Between Litigation&Mediation Mechanism Of W City X District People’s Court

With the implementation of the case registration system in the national courts,the contradiction of "few cases and few people" is becoming more and more prominent.The " Connection between Litigation & Mediation Mechanism" is a combination of litigation system and non litigation mediation system under the guidance of the people’s court.It aims to make full use of social forces to achieve complementary advantages and achieve high-quality solutions to resolve disputes.The purpose of " Connection between Litigation & Mediation Mechanism " is to reduce the burden of justice.In essence,it tries to separate more cases which can be mediated from the cases of the lawsuit as possible.In the case of the limited diversion cases of the people’s mediation room,the judicial mediation room is also been set up.However,as a whole,the above two institutions are far from its expected role.Thus it is necessary to review the following problems: how to locate the role of the people’s court in the design of connection between litigation & mediation mechanism;is it necessary to set up the judicial mediation room when there are the people’s mediation room and the effect of the connection between litigation & people’s mediation Mechanism is slightly? The court is being in order to improve the efficiency of dispute resolution,which is there deviation while the parties exercising their right of action to safeguard their own interests? and how the connection between litigation & mediation mechanism to enhance the certainty of procedure and improve the effect of dispute resolution in order to get more social recognition? On the basis of the empirical analysis,Through the implementation of litigation docking in the X District Court of W City,the author thinks that in order to make the Connection between Litigation & Mediation Mechanism become a long-term effective measure to solve the dispute,first of all,we should set up the correct consensus and clarify the role orientation of the court in the Connection between Litigation & Mediation Mechanism;secondly,we should standardize the operation link of the procedure of the Connection between Litigation & Mediation Mechanism,to ensure the orderly connection between the litigation and mediation;finally,we should implement the corresponding basic needs to remove the worries of the lack of necessary material in the process of implementation of the Connection between Litigation & Mediation Mechanism.The text is divided into four parts,the first part analyses the operation status of X district court connection between litigation & mediation mechanism.The author analyses delicately the type and characteristics and procedure and results of mediation cases through investigating the platform construction and the supporting mechanism and mediation personnel arrangement of the connection between litigation & mediation mechanism of X District Court.The second part discusses the achievements and problems of connection between litigation & mediation mechanism.Finding while saving judicial resources and reducing litigation costs,the mechanism also has problems such as dislocation of roles,weakening procedures,differential charging fees and lack of protection.The third part,the author through the analysis on the implementation of X District Trial Court makes the necessary reflection of the implementation of the connection between litigation & mediation mechanism of XinJiang grass-roots courts.The special problem is the reduction of judicial burden how to obtain coordination of grass-roots courts,and if the efficient and the protection of the litigation rights and interests could be compatible,and how the interest demands could be realized within the framework of the judicial system.In the fourth part,the author through focusing on the combination of internal and external factors in the perspective of system theory,constructs the design of operation system to effective social identity,further to achieve the expected judicial effect and the expected social effect of the connection between litigation & mediation mechanism.The X district court is a key demonstration court of the connection between litigation & mediation mechanism in Xinjiang,which its common problems is more conspicuous than its personal problems.Through empirical analysis,the author aims to summarize common problems and put forward relevant suggestions,further to make the standing normative implementation of the connection between litigation & mediation mechanism.