The Application Of "Fengqiao Experience" In Basic Court Mediation

The "Fengqiao Experience" has been continuously developing and improving since its emergence.The "harmonious" thinking contained in it fits in well with the socialist rule of law with Chinese characteristics in the new era.From the judicial practice of people’s courts in Zhuji City and Zuoquan County,it can be seen that grassroots courts have formed various modes in the process of exploring the separation of complex and simple forms and the docking of litigation and mediation with the help of "Fengqiao experience",which not only facilitates the masses but also improves judicial efficiency.However,there are three problems in the mediation practice of "Fengqiao Experience" in basic courts.One is the weakening of the social basis for basic courts to use "Fengqiao Experience" in mediation,the conflicts between judicial formalization and dispute specialization,and the people’s disrecognition of "Fengqiao Experience" mediation system.Second,the mediation practice of the basic courts has not formed a joint force,the conflict between judicial specialization and the popularization of mediation,the new requirements for collaborative justice in the network era,etc.The third is the consistency and conflict of emotion law in the mediation system of "Fengqiao experience".In view of the imperfect supporting measures of "Fengqiao experience" in the mediation practice of grassroots courts,we should improve the self-governing mechanism of grassroots society,adhere to the local conditions,and "send the law to the countryside" propaganda mediation system.In the face of the lack of joint mediation mechanism in the basic courts,we should build a "grand mediation" platform,improve the mediation mechanism,and make use of the online "Fengqiao experience".As for the conflict between law and emotion in the mediation system of "Fengqiao experience",we should not only find the balance between law and emotion,but also excavate the value of "reason" in judicial mediation.