Research On Diversified Dispute Resolution Mechanism

Disputes exist widely in human society.Because of the shortage of judicial resources and the rigidity of litigation procedure,alternative dispute resolution has developed rapidly all over the world and has become an important legal research topic.After more than 30 years of reform and opening up,China's multi-interest society has formed,the differences between interests will inevitably lead to friction and disputes.In the continuous development and evolution of the Party's ruling concept and judicial reform,China has gradually attached importance to the role of diversified dispute resolution mechanisms,both top-down design,but also bottom-up grass-roots innovation,forming a certain Chinese characteristics.Especially in the past three years,the CPC Central Committee and the Supreme Court have intensively issued political documents and judicial interpretations on the diversified settlement of disputes,marking a new height of attention to the diversified dispute settlement mechanism at the national level.In judicial practice,the grass-roots courts have always been the active promoters and pioneers of diversified dispute resolution based on the need to ease the trial pressure.They have carried out various explorations and beneficial attempts,reflecting the necessary value of judicial function extension.However,due to the lack of overall system guarantee and binding force,the judicial-led diversified dispute settlement mechanism has many problems that are difficult to solve.Therefore,it is necessaiy to clarify the legal attributes and division of legal departments of the diversified dispute settlement mechanism from the top-level design of the state,and to re-recognize and attach importance to the role of mediation.Only by focusing on the connection and coordination between non-litigation and litigation procedures can a set of highly efficient and systematic institutional arrangements be formed,which can promote the parties to disputes to choose their own and rational resolution methods,and achieve the goal of resolving contradictions and disputes with low cost and high efficiency and rationally allocating judicial resources.In addition to the introduction and reference literature,the full text is divided into four chapters:The first chapter is a theoretical overview of the full text,introducing the formation principle of diversified dispute resolution mechanism,the development of extraterritorial alternative dispute resolution and the value of diversified dispute resolution mechanism.The second chapter mainly studies the current situation of diversified dispute resolution mechanism in China.The first section analyzes the inevitability of mechanism construction and the top-level design with Chinese characteristics.The second section introduces a beneficial attempt made by a grass-roots eourt in the aspect of diversified dispute resolution.The third chapter is a reflection on China's diversified dispute resolution mechanism.The first section analyzes the advantages and disadvantages of the "judicial-led" dispute resolution;the second section points out that there are institutional conflicts,inherent defects and judicial bottlenecks in Chinas diversified dispute resolution mechanism.The fourth chapter puts forward ideas and suggestions for perfecting our county's diversified dispute resolution mechanism.Firstly,this paper introduces the conception of the mechanism operation of a grass-roots court,and then puts forward some suggestions on the classifieation of disputes based on foreign experience.Finally,from the legislative technology,the establishment of a national dispute settlement center,improve the litigation and non-litigation procedures,talent selection and financial security and other aspects of China's diversified dispute settlement mechanism to improve the focus.