Research On The Non-litigation Mediation Dispute Resolution Mechanism Of Basic Courts From The Perspective Of Legal Value

With the rapid development of our economy and society in recent years,social disputes and contradictions have been increasing.In the past,litigation-based dispute resolution has been difficult to adapt to the current needs of grass-roots social governance due to its high litigation costs,long time-consuming,large number of cases,and insufficient judges.The reform of the diversified dispute resolution mechanism is an important part of the current judicial constitutional reform in China.Its implementation is conducive to alleviating the work pressure of the people's courts,guaranteeing the parties to choose their own dispute resolution methods,and effectively resolve conflicts and resolve disputes.On the one hand,it reflects the basic values ??pursued by law and litigation procedures,and on the other hand,avoids relying solely on litigation to settle disputes,and provides parties with non-litigation mediation dispute settlement methods.Non-litigation mediation dispute resolution mechanism is to organize the parties to conduct mediation through non-litigation to resolve disputes.However,the non-litigation mediation dispute resolution mechanism that has been implemented for many years has many problems,such as the difficulty in promoting the purpose better,the difficulty in deploying more and implementing less,the shortage of plans and measures,the shortage of practices and the shortage of results.In particular,the grass-roots courts,as the main body of the non-litigation mediation dispute resolution mechanism,have encountered many difficulties,such as the lack of enthusiasm of the parties to choose a non-litigation mediation dispute settlement mechanism,improper connection of litigation and mediation,the formation of a single mediation staff,and low mediation success rates.I think it is necessary to carry out deeper theoretical and practical research on the non-litigation mediation dispute resolution mechanism,and further improve and promote the non-litigation mediation dispute resolution mechanism to make it work better.This article starts from the perspective of jurisprudence.First of all,through the interpretation of the concept and connotation of the non-litigation mediation dispute resolution mechanism,combined with the basic characteristics of the non-litigation mediation dispute resolution mechanism,this paper discusses the necessity of implementing the non-litigation mediation dispute resolution mechanismand the positive significance of implementing the non-litigation mediation dispute resolution mechanism.On the basis of relevant theories of legal value,this paper analyzes the legal value contained in the dispute resolution mechanism of non-litigation mediation by means of case analysis.Secondly,based on the current situation of the non-litigation mediation dispute settlement mechanism of the grassroots courts,starting from the current difficulties encountered by the non-litigation mediation dispute settlement mechanism of the grassroots courts,analyze the reasons behind the problems in order to find a solution.Finally,from the perspective of the legal values ??of order,efficiency,justice,and freedom,explore the measures for grassroots courts to implement non-litigation mediation dispute resolution mechanisms,and provide basic courts with non-litigation mediation dispute resolution mechanisms such as the pre-mediation system and the adjustment of litigation fees.Specific and feasible suggestions such as standards and expanding professional participation to further regulate and improve non-litigation mediation dispute resolution mechanisms.