An Empirical Research On The "Litigation And Non-litigation Connection Mechanism" Of Primary People’s Courts

At present,with the rapid development of China’s economy,the litigation cases are also increasing rapidly,which can be described as entering the era of "litigation explosion".The state takes advantage of the situation and proposes to stick to the non-litigation dispute resolution mechanism in the front,create a dispute resolution mechanism that connects litigation,mediation,arbitration and other non-litigation dispute resolution methods,and promote the modernization of the national governance system and governance capacity.Primary people’s courts have also achieved certain results in the process of "litigation and non-litigation connection mechanism",but the models vary from region to region.In this exploration process,there are still some problems.These problems constrain the efficient operation of the "litigation and non-litigation connection mechanism" and are not conducive to the complete resolution of social disputes.From the perspective of empirical research,the People’s Court of District S in City C is selected as a sample court to conduct empirical research and analysis on its "litigation and non-litigation connection mechanism",analyze the results of the sample courts from the perspectives of institutional setup,operation mode,and operational effectiveness,and examine their practical effects.It is found that the problems existing in the practice of the sample courts are mainly manifested in four aspects: insufficient legislative support,insufficient coordination of participating subjects,insufficient procedural connection,and insufficient effective connection.In order to solve the above problems,using methods such as literature analysis and comparative analysis,aiming at the problems reflected in the "litigation and non-litigation connection mechanism" in the S District People’s Court of City C,it is proposed to improve the legislative support and coordinate dispute resolution resources;Continuously improving the participation and dispute resolution capabilities of participating entities;smoothing the path of procedural circulation,establishing pre-litigation compulsory mediation procedures,strengthening the circulation of mediation materials,and standardizing the time limit for mediation;strengthening the convergence of effectiveness,unifying the applicable standards of law of each entity,and exploring appropriate relaxation of judicial confirmation conditions.With a view to providing ideas for improving the diversified dispute resolution mechanism through these suggestions,optimizing its operation ways and methods,improving the efficiency of resolving contradictions and disputes,and meeting the diversified dispute resolution needs of the people.