Research On The Connection Between System People's Mediation And Civil Litigation

In the construction of a country under the rule of law,litigation and non-litigation methods provide choices for Chinese society to settle disputes,and point out the direction.In non-litigation methods,people's mediation plays an important role.Under the background of judicial reform,the court is required to improve the efficiency and quality of case handling when trying a case,and it must be accepted if it meets the conditions for prosecution.This not only protects the litigant rights of the parties,but also puts forward requirements on how the courts can better resolve disputes.The number of courts and trial personnel is limited,and the number of cases has increased dramatically.How to alleviate the contradiction between the two while taking into account the quality of case trials has changed.It is especially important.Therefore,to achieve the connection between people's mediation and the litigation system and effectively avoid the above problems,it is indeed necessary in China's current judicial practice.The article starts from the excessive pressure of litigation in our country and the advantages of people's mediation,combining the two to draw the necessity of the joint development of litigation and mediation.Secondly,through the introduction,the analysis explores the connection mode of litigation and mediation in extraterritorial areas and in Taiwan in China.For example,the US lawsuit mediation connection guarantee mechanism,Japan's mediation system predecessor,and the way Taiwan's Taiwan region confirms the effectiveness of mediation documents can all provide useful experience in the process of China's lawsuit mediation optimization process.Then,it expounds China's active exploration of mediation of litigation and mediation in different regions of the country in judicial practice,sums up the experience and summarizes the shortcomings.It mainly explains the active exploration of mediation of mediation in different regions of the country in judicial practice at this stage.Experience,all theoretical research work will find common problems in the process of mediation,and find relevant suggestions for this problem.China's lawsuit convergence started later than overseas development and lack of experience will inevitably cause problems in judicial practice.For example,legislative over-principle leads to insufficient legal basis for the conciliation of lawsuits;the instability of people's mediation increases the uncertainty of dispute resolution;the application conditions for judicial confirmation are inadequate and there is no corresponding remedy;the connection between people's mediation and the litigation system Supporting measures to ensure the lack of issues need to be resolved.China's mediation system has deep local resources of law.We should base our practice across the country and actively learn from effective measures in foreign countries and Taiwan to actively explore the further development of China's mediation and mediation.The main recommendations made in this article are: At the same time as the basic principles of mediation,the specific provisions of the People's Mediation Law and the Civil Procedure Law on the mediation of lawsuits and mediations have been further refined,and the relevant legislation of China's lawsuits and mediations have been further specified;the preparatory system for people's mediation must be designed reasonably and the scope of their cases accepted.;Improve the judicial confirmation system,relax the application threshold and grant the parties relief methods to provide effective protection for the mediation of mediation;at the same time,improve the relevant protection system for mediation of mediation.Only in this way can we better achieve the convergence of litigation and mediation.