Research On The Improvement Of The Docking Mode Of Litigation And Mediation

In the wave of economic globalization,civil and commercial activities are more frequent,disputes between social subjects are increasing day by day,the number of civil and commercial cases is high,the court is facing huge litigation pressure,the emergence of this problem has seriously affected the quality of judicial decisions,and damaged the credibility of the court.Therefore,with the strong promotion of courts and judicial administrative departments at all levels in the country,the docking mechanism of litigation and mediation has developed rapidly and achieved remarkable results.In the judicial practice,China has established and developed a representative litigation mediation docking model,such as Beijing's special docking model,Shanghai's affiliated mediation organization model,Jiangsu's mediation priority model,Jiangsu Nantong's administrative leading model and Hubei's joint mediation model.However,there are still many deficiencies in the operation of the specific system,which is disadvantageous to the diversified needs of social dispute resolution.This is mainly because of the shortcomings of the docking mechanism of litigation and mediation in China,which exposes a series of problems in the operation of the specific system,seriously hindering the development of diversified social dispute resolution mechanism.In this context,it is an inevitable choice to improve the docking mechanism of litigation and mediation.This paper is divided into four parts from the structure.The first part is the basic legal issues of the docking mechanism,including the concept of the docking mechanism,its background,characteristics,basic principles and the necessity of establishing the docking mechanism.The second part is the representative litigation mediation docking mode in China.It selects and analyzes several typical litigation mediation docking modes in China,and finds common shortcomings in the operation process,including the lack of correct understanding of the litigation mediation docking mechanism from all walks of life,the serious lag of relevant legislation of mediation system,the need for further improvement of the procuratorial supervision system and the existence of the existing legal system In the loophole,it fails to effectively suppress the appearance ofmalicious mediation.The third part compares and studies several kinds of foreign litigation mediation docking mechanisms,including the court attached mediation system in the United States,the penalty rules of litigation costs in the mediation process in the United Kingdom,the pre litigation compulsory mediation system in Germany and the mediation system in Japan,as well as the reference significance for China's litigation mediation docking mechanism.The fourth part is the improvement of the docking mode of litigation and mediation in China,and puts forward feasible suggestions to improve the docking mechanism of litigation and mediation in China.