On The Perfection Of The Docking Mechanism Between Litigation And People's Mediation In The Case Of Registration

In recent years,especially after the registration system has been implemented,the courts are too busy to deal with so many cases.To optimize the allocation of resources,improve the "combination of litigation and mediation" docking mechanism in our country,is both the need of reality,also is the call of The Times.According to our country's people's mediation,litigation and conciliation system of the legislative and judicial status and people's mediation system construction,analysis of existing problems and the reasons of current operation of people's mediation and "docking litigation and Conciliation" mechanism,proposed consummates our country litigation and mediation docking procedure,the.people's mediation system construction direction views and suggestions.The first part of this paper analyzes the mechanism of "litigation,mediation and docking",clear the connotation of "docking litigation and Conciliation",and then analyzes the registration system of "docking litigation and Conciliation" and explain the effect of the registration system of "docking litigation and Conciliation" mechanism of value.The second part introduces the theoretical basis of the operation,including the mechanism of dispute settlement,the theory of adjudication,the theory of social control and the theory of right relief.The third part focuses on the analysis of relationship between "action" and "people's Mediation",clarify the two docking methods:one is through litigation cases of diversion to achieve docking with the people's mediation,the other is the people's mediation docking through the prosecution and judicial confirmation and litigation.And elaborated in the process of the case diversion,the issue of the people's mediation of the scope of the issue of the scope of the process is not clear and the feasibility of the people's mediation.Then,the author also puts forward the problems in the process of the prosecution and the judicial confirmation of the existence of the nature of the people's mediation,judicial confirmation and the problems in the process of judicial confirmation.In the four parts,the author put forward the following suggestions on how to improve the current people's mediation and litigation,how to build a more health and dynamic people's mediation system.