The Research Of Establishing Diversified Dispute Resolution Mechanism In Basic Courts

Diversified dispute resolution mechanism has been a hot topic in the field of legal theory and judicial practice in recent years.With the continuous development of China's economy,social interests have gradually shown a diversified pattern,and various social disputes have increased sharply or even become intensified.Under such circumstances,the original dispute settlement mechanism has been unable to meet the needs of reality.Therefore,we need a pluralistic way of thinking to deal with this pluralistic conflict of interests.Grass-roots courts are the lowest level of judicial organs in China,accounting for about 80% of the number of courts in China.They bear nearly 80% of the cases in China and are the main force in resolving social contradictions and disputes.Civil and commercial cases in grass-roots courts show the characteristics of a sharp increase in the number of cases and complex and diverse cases.In this context,the contradiction between the number of people and the number of people in grass-roots court cases is particularly prominent.Therefore,the diversified dispute resolution mechanism of grass-roots courts needs to be established urgently.As one of the grass-roots courts,Gao'an City Court also actively participates in and promotes the construction of the local diversified dispute settlement mechanism:actively building the docking platform of litigation and mediation,setting up the pre-litigation consultation and mediation front desk,setting up the mediation room of "Chinese Good Person" and the court of quick adjudication,etc.,which integrate mediation,case filing and trial.Docking with administrative organs,jointly establishing traffic accident mediation rooms with the Municipal Judicial Bureau and Gao'an Traffic Police Brigade,actively docking with people's mediation organizations,establishing liaison mediator system and so on.These measures have achieved certain results in the process of dispute settlement,but there are also many problems.These problems are mainly manifested in the following aspects: first,the mechanism of "docking litigation and mediation" is not perfect;second,the scope of convergence between grass-roots courts and administrative organs is weak in dealing with disputes;third,the limitations of people's mediation organizations themselves.Fourthly,the imperfection of thearbitration system and the lack of understanding of arbitration weaken its role in dispute resolution.Fifthly,the lack of connection mechanism between grass-roots courts and relevant social organizations in dispute resolution involving professional dispute resolution.The existence of these problems has affected the effect of dispute resolution.In order to further improve the construction of diversified dispute resolution mechanism of grass-roots courts and effectively resolve social disputes,we should start from the following aspects: first,grass-roots courts should change the concept of legal profession,establish the concept of court service brand,socialization and service;second,we should clarify the responsibilities of litigation and mediation docking platform,and operate effectively.The docking platform of litigation and mediation;the third is to support the administrative organs to give full play to their functions and improve the docking mechanism between litigation and administrative mediation;the fourth is to promote the construction of the special invitation mediation system and give full play to the leading role of the grass-roots courts;the fifth is to strengthen the docking between courts and arbitration institutions and give full play to the advantages of arbitration to resolve disputes;the sixth is to enrich the Distribution plays the role of other social forces and encourages them to participate in dispute resolution.Seventh,we should actively learn from foreign ADR and promote the new process of diversified dispute resolution mechanism in grass-roots courts.