The Mechanism Of Connection Between People's Mediation And Litigation

People's mediation and litigation are belong to dispute resolution mechanism, the people's mediation and the male aimed right to participate in litigation, displaying their respective advantages, although with in different ways, but in resolving conflicts, and maintain social order stability in play an important role. If can realize the official and civil disputes solution, then the docking, take the people's mediation accords with the need, and meet the needs of the lawsuit. This paper argues that, people's mediation shall realize cohesion, because with the lawsuit with handling disputes, people's mediation convenience, flexibility, timely use reasonable method of resolving disputes characteristics make it by the favour of masses in mediate civil disputes and prevent civil disputes into criminal case etc has played a major role, has become the dispute settlement mechanism "the first line of defense". But people adjuster specialized level is not high, the people's mediation agreement is not clear, the nature of people's mediation agreement sometimes problems are not effectively limit their performance settle disputes functions. In the final analysis, produce these at the root of the problem is the lack of people's mediation, social credibility because of people's mediation belongs to a kind of civil mediation, using proprietary treatment of civil disputes, essentially has the social autonomy, to a people's mediation agreement of the parties completely according to actual performance, the self-conscious rely only on moral power to restrain people's mediation agreement, of great uncertainty. By contrast, litigation has certainty, party will be charged to the dispute between them, through a series of court proceedings, and eventually made by court effective referee documents have legal effectiveness, one party refuses, the other party may apply for in this the referee clerical court for compulsory execution. Therefore, adhere to the people's mediation in the premise of social autonomy, give people's mediation agreement "public" to a certain extent, the nature of the results, so that the people mediation with litigation cohesion, prompting people's mediation to effectively fulfill the results appear important all the more. Litigation to resolve disputes "as a last line of defense" in solving the daily life, the disputes have important effect, however, with the complexity of social relations and diversification, on the one hand, more and more into court case, increased the court's work pressure, on the other hand, some new cases of a people's court does not conform to the scope of accepting cases and rejected, have to seek other plural remedy channels. In order to reduce the workload, through the courts with lawsuits effective dovetailing of people's mediation, it gives people's mediation agreement, and in essence indeed concentration into litigation procedure reduced the number of cases, which is helpful to realize the case shunting, meanwhile, the combination of effective dovetailing can save the cost, reduce abuse of complaints and petitions rate. This paper main contents of four parts.The first part, the people's mediation and litigation cohesion basic theory. This part of the first distinguished people's mediation and civil mediation, the intermediation of the court, mediation and conciliation, several concepts from big connotation of the concept of, scope, system sex, official sexual aspects of people's mediation and several other will be classified, one concept for people's mediation to accurate legal position, people's mediation is the actual social autonomy, depend entirely on the will of the parties, has not confrontational. However, its characteristic is its defects aimed partly from sources, the people's conciliation in solving the enormous function and shortage, and litigation in solving the advantages and disadvantages of two aspects, demonstrates the people's conciliation and litigation will be linked, has the necessity.The second part, mediation and litigation integration of cases.the investigation. The In view of people's mediation, is China's patent concept, other countries or regions "mediation", "mediation" and people's mediation signification similar, that is, in the third party hosted by solving disputes, just system appellation is different. Therefore, this section examines the Japan, America, Norway and Taiwan legislation in mediation, especially in the mediation and action on the provision of the respect, cohesive from mediation personnel allocation, the effectiveness of a conciliation agreement to mediation relief measures and so on, these to perfect our people's mediation and litigation cohesion have important reference meanings.The third part, the people's mediation and litigation in the course of development of cohesion. People's mediation produced in ancient civil mediation, after a new-democratic to a period after the founding of the development, and litigation cohesion roughly three experienced three stages, i.e. people's mediation agreement system have the nature of civil contract, people's mediation agreement judicial confirmation system and the people's court the entrusted people's mediation system. This section expounding the development course, the cohesive devices of different were evaluated, thought the building behind make matting. First, law of people's mediation agreement is the nature of civil contract is not proper, a jurisprudential look, people's mediation agreement and civil contract in the content, the effectiveness and over court, there are differences, from judicial practice, the court usually don't see it as a contract dispute processing, in most cases is directly against the trial of former disputes, the original intention of legislative spirit. Secondly, people's mediation agreement, the judicial confirmation system by the application of the parties concerned, court rules conciliation agreement can gift the compulsory execution force. By gansu is for pilot reform dingxi areas court product, achieved good effect and in judicial practice nationwide, and then to the popularization of people's mediation law and the relevant judicial interpretations of the judicial confirmation prescribed specific procedures. Finally, the people's court the entrusted people's mediation system, it is to point to in court in formal before or after the case, filed in accordance with the entrusted people's mediation can be powers for case conciliation. Organization It is different, but with the court mediation and conciliation court mediation formed litigation, it is a special kind of people's mediation and litigation cohesive devices.The fourth part, perfecting the people's mediation and action mechanism of cohesion. This part of people's mediation of judicial first confirmed mechanism, clear court for judicial confirmation, must follow the fairness and efficiency, disgraceful consideration and autonomy three principles. Secondly claims of establish special cases of people's mediation preceding procedure. Mainly through certain types of law (such as marriage, inheritance disputes, support, raising, adoption, adjacent relation, homestead, human rights, the rural land contracting, small debts and so on simple civil disputes) solution must go through people's mediation, can enter court litigant phase. That is, people's mediation is the inevitable stage lawsuit. Lawsuit proposed setting up again, this tone docking system shows the court with people's mediation room or people's mediation window, the judge has the obligation to inform the party, has sued to choose people's mediation room or people's mediation window conducts conciliation, if both parties are still firmly disagree with people's mediation, court accepts put on record, and inform the examination of people's mediation shall not be carried out again. Under the system in lawsuit adjustable docking, the people's mediation room or people's mediation window staff is still the people's conciliation committee members, from beginning to end will not change people's mediation social autonomy. Finally, perfecting other security mechanisms, such as the selection mechanism of people adjuster, the people's court supervision mechanism and people's mediation publicity mechanism, from many security people's mediation and litigation to realize efficient coherence.