Research On Notarization And Mediation Of Diversified Dispute Resolution Mechanisms

At present,our country is deepening the judicial reform and the reform of the quota system of legal officers based on trial,but this has not really improved the problems of fewer cases and lower litigation efficiency prevalent in our courts.As a basic judicial resource to solve social disputes,notarization system has the functions of communication,service,supervision and proof.It is a preventive judicial proof system,conducive to solving social disputes from various angles,and is an indispensable part of our socialist legal system.Notarial mediation is a kind of mediation activity derived from notarial system.As a new component of "diversified dispute resolution mechanism",notarial mediation plays an important role in solving social conflicts and alleviating the shortage of judicial resources in China.On the one hand,notarial mediation is conducive to ensuring social stability.On the other hand,with the gradual acceleration of social transformation and legal modernization,the social norms and contents applied by notarial mediation have changed significantly.Notary mediation is gradually changing to rule by law and institutionalization,but at the same time,it also shows its shortcomings,which urgently requires improving the notary mediation system from the legal level.In the process of resolving disputes,notarial mediation occupies an important position.In order to give full play to its role,we must constantly adjust to adapt to the social situation.As far as the practice of notarization is concerned,the system of notarization mediation should be constantly improved in terms of principles,effectiveness,mediation procedures and scope of application,so as to promote its better development.Notarial mediation in this paper is one of the non-litigation dispute resolution methods,which has a strong guiding significance for the current judicial practice.This paper takes the notarial mediation as the main line under the background of diversified dispute resolution mechanism,and the text is divided into three parts:The first part elaborated the basic theory of notarial mediation.Firstly,it introduces the diversified dispute resolution mechanism and the basic theoretical knowledge of thenotarization system as the way of dispute resolution.Secondly,the origin and application scope of notarial mediation are defined.Then it discusses the notarial mediation under the background of "diversified dispute resolution mechanism" and introduces the characteristics of notarial mediation compared with other mediation methods.It is clear that notarial mediation is the focus of this paper.The second part I mainly investigated the current situation of notarial mediation in China,and comprehensively analyzed the advantages and disadvantages of notarial mediation on the basis of practice,so as to clarify the necessity of constructing and unifying the operation mode of notarial mediation.The third part conceives the specific principles,scope and mode of operation of notary mediation.Based on the current judicial practice,further explore the rationalization of the construction of notarial mediation path.