An Empirical Study On The Operation Of The Diversified Settlement Mechanism Of Civil Disputes

In recent years,with the continuous improvement of people's awareness of rule of law,various kinds of cases accepted by people's courts at all levels have been rising,especially civil cases,and the contradiction between the number of cases and the number of cases has become increasingly prominent.In order to meet the actual needs of alleviating the contradiction between the number of cases and the number of people,Baoying Court has taken a number of specific measures to solve civil disputes in accordance with the situation and characteristics of local social disputes,accumulated some work experience and achieved certain results.The purpose of this paper is to analyze the practice of Baoying Court,a grass-roots court,in the diversified settlement of civil disputes,and to find out the shortcomings and practical reasons of the diversified settlement of civil disputes.On this basis,it puts forward reasonable suggestions for the effective establishment and operation of the diversified settlement mechanism of civil disputes.In this paper,the first part,taking Baoying Court as the basic court as the research object,expounds the main situation faced by the diversified settlement mechanism of civil disputes and the actual situation of its operation by introducing the increase of cases,the change of handling power and the practice of the diversified settlement mechanism in recent years.The second part explores the shortcomings of the diversified solution mechanism through the analysis of the attitudes of all sectors of society,the problems existing in the diversified solutions and the internal conditions of the people's courts.The third part,through the introduction of judicial ADR system in the United States,Germany,Japan,Singapore and other countries,draws some enlightenment to promote the construction of diversified civil dispute resolution mechanism in China.The fourth part probes into the feasible suggestions for improving the pluralistic settlement mechanism of civil disputes in China from the aspects of the overall framework design,the construction of the settlement platform,safeguards,guidance and diversion,etc.