Research On Pre-litigation Mediation Mechanism Of Road Traffic Disputes

With the rapid development of the economy and the increasing popularity of transportation,road traffic accident disputes have become a type of social contradiction form,with the characteristics of proliferation of the number,multiple litigation subjects,complex cases,and the difficulty of dispute resolution.The traditional road traffic dispute resolution method has not been able to quickly resolve disputes and meet the diversified judicial needs of the masses.At the same time,with the continuous development of Internet technology and the maturity of 5G technology,the pre-litigation mediation mechanism for road traffic disputes has become a new and useful exploration of the use of the "Internet+" multi-faceted resolution of conflicts and disputes.The pre-litigation mediation mechanism for road traffic disputes mainly uses modern technology to break down inter-departmental information barriers and provide an integrated online processing platform for multi-departmental linkage and collaboration,thus realizing the whole process of resolving road traffic disputes such as traffic accident liability determination,online mediation,online initiation of identification.accurate budget for claims,online prosecution and one-click claims settlement.The implementation of "road traffic integration" has realized the specialization and type of processing of road traffic disputes,providing the court with a new model of innovative mechanism for diversified settlement of conflicts and disputes,and helping the court to break the dilemma of "too many cases and too few people".In recent years,more and more courts have started pre-litigation mediation of road traffic disputes,and various courts have also made many useful explorations,but through practice,it is found that there are still many problems to be solved in the operation of this mechanism.Therefore,this paper is based on the specific practice of the court for "road and traffic integration",to improve the pre-litigation mediation mechanism for road and traffic disputes to put forward a few suggestions,in order to make the mechanism play a greater value.The first part is to introduce the basic principles and practice basis of the mechanism,and analyze the necessity of the mechanism;the second part is to introduce the practice of the mechanism of pre-litigation mediation of road traffic disputes,by introducing the useful exploration of several courts,and elaborating the operation mode and the effectiveness of the mechanism.The third part is to face the problems of the pre-litigation mediation mechanism for road traffic disputes,including low social awareness and sectoral recognition,the utility of the mediation organization is not maximized,the parties’ right to sue is not effectively guaranteed,the barrier of information sharing is not completely broken,and the lack of legislative protection.The fourth part,through the comprehensive analysis in the previous section,puts forward corresponding suggestions for the construction of China’s pre-litigation mediation mechanism for road and traffic disputes:strengthening legislative guarantee,improving the construction and management of mediation personnel,strengthening technical support and strengthening publicity and guidance.