On The Way To Solve The Diversification Dispute

In order to response the needs of society,the judicial circle is actively attempting“docking litigation and conciliation” by integrating social resources and has madegreat achievements. And it not only has become a leading force for the court toactively participate in social management inovation,but also has caused wide publicconcern in the academic and judical.The system of docking litigation and conciliationnot only effectively relieves the pressure on the trial court,but also realizes thefunction supplementary between the proceedings in the court and mediation system.Inaddition,it enhances public confidence in the social mediation,and dispels lots ofsocial contradictions in time.What’s more,it contains the growth momentum ofdistrust and breaks a new path to solve the problem of execute.But after years ofexploration,this mechanism still needs improvement and has not established asystematic system.Therefore,the current situation affects the function and role of thismechanism to fully play.This paper mainly is to tell the concept of the system,to definition its connotationand features.Combined with the theory of interest conflict,multiple subject,justicelimitation and functional complementation.In the same time,the paper analyze thetheoretical source of the docking litigation and conciliation.In the empiricalanalysis,by selecting Pudong in Shanghai,Nantong in Jiangsu,Zhongshan inGuangdong as for samples,this paper focuses on analyzing the system’s status quo andthe necessity of further demonstration.Through value analysis,evidence-basedpractices and foreign experience,this paper explores the value of its underlyingphilosoply and explain the legal basis of the system in diversified disputemechanisms.Centering on theoretial disagreement,the difficulties of ruling by law,autonomyof will,rule violations and other practical problems,this paper calmly analyze thereason of legal hidden danger,role dislocation and the misuse of active judiciary inorder to provide theoretical support for building a diversified dispute settlementmechanism.Based on the analysis of the existing problems,this paper put forwardcorrelative suggestions around the legislative perfection,the autonomy of privateright,the position of court and building long-term mechanism.In the same time,thispaper puts forward the idea about the operation principle,workflow setting,theplatform establishing and the core guarantee of the system.What’s more,the paperraises new opinion about building the judicial reviewsystem,pre-mediation,confirming relief and other aspects.I hope the docking litigationand conciliation and the diversified dispute mechanism can promote the reform andimprovement of civil justice system.Furthermore,it can provide theoretical support forthe coordinates development of the national legal system and good governance.