A Research On Intensive Non-litigation Dispute Resolution Mechanism

"Non-litigation" and "litigation" are the two major means to resolve contradictions and disputes.At present,China’s economy has entered a high-speed development period,with more and more obstacles and difficulties in various reforms,"litigation explosion" has become a practical problem,and the resolution of intensive non-litigation disputes is particularly important under this background.On the one hand,intensive non-litigation dispute resolution can minimize the occurrence of various litigation behaviors,prevent conflicts and disputes from the source,and reduce the court’s litigation pressure;on the other hand,intensive non-litigation dispute resolution itself has the advantages of diversity,low cost,weak antagonism,good for relationship repair,etc.,and can minimize the harm caused by conflicts and disputes,maintain social stability,and practically improve the social governance level and governance capacity.The Fifth Plenary Session of the 19th CPC Central Committee put forward the social governance goal of "improving the social governance system of co-construction,co-government and sharing",requiring "strengthening and innovating social governance",focusing the attention of the masses of the people on the construction of the national governance system and governance capacity again,and putting forward more realistic requirements for resolving contradictions and disputes.Through the systematic research on the intensive non-litigation dispute resolution in H area,this thesis can provide new ideas and reference for the intensive non-litigation dispute resolution in other areas,so it has higher theoretical significance and practical value.This thesis using interview method and comparative research method,through consulting literature,field research and absorb disputes resolving experience of other cities in the province,in Weihai H district,for example,to urban intensive non-litigation dispute settlement exposed the key problems,the cause of the problems and countermeasures for in-depth study.On the basis of defining the basic concepts of litigation,non-litigation and intensive non-litigation dispute,this thesis expounds the present situation of intensive non-litigation dispute resolution in H district of Weihai City from the aspects of historical evolution,practice and effect by using the theories of social governance,new public management and cooperative governance,and deeply analyzes the problems and causes in the operation of intensive non-litigation dispute resolution.The existing problems mainly include:the coupling of the department coordination and linkage mechanism is not smooth,the quality of the mediation team is uneven,the professional dispute resolution work in the industry is useless,and the application advantage of the mediation information interconnection is not obvious.The reasons for the problems are:the division of departments is difficult to form a joint force,the guarantee of contradiction and dispute and the supporting system need to be improved,the consciousness of participation in the co-governance of contradiction and multi-subjects is not strong,and the innovation ability of mediation technology is insufficient.Finally,the thesis puts forward some suggestions to improve the intensive non-litigation dispute resolution.