Talk About The Our Country Of The Operation Situation Of The Docking Mechanism And Perfect

Since2006, some regions of China began to carry out the system ofcombination of litigation and conciliation for the purpose of resolvingsocial contradictions to the maximum, to meet the needs of the people formultilevel, multi-ways，low cost and efficient settle the dispute,achieve the goal of harmonious judicature. The system pursue mediationbefore the action as a alternative dispute resolution to assist directlycivil procedure, to date, the system has been carry out in thecountry,and undeniably, it saved the judicial resources, improvedjudicial efficiency, and achieved remarkable results in the respect ofinnovation of social management, promotion social harmony,but becausethe system resulting from the policy, although the Supreme People’s Courthas issued regulations for many times to guide it’s operation, butbecause the relevant provisions are not perfect, so that there are stillmany problems when the system operates in practice. Now, the Amendmentof Civil Procedure Law incorporated clearly combination of litigation andmediation, article122nd of the adjusted Civil Procedure Law provided“mediate should be first expect the parties refuse to mediate when theparties prosecute to the people’s court for civil disputes, and thedisputes is fit to mediate”, article133rd provided" the people’s courtrespectively to deal with cases:(ⅱ)if the disputes could mediatedbefore hold the court, resolve it promptly with mediation”, article194thprovided“since the mediation agreement effective date30days, theparties apply for judicial confirmation of the mediation agreement to themediation organization located at the Basic People’s Court accordancewith the Law of People’s Mediation and so on. I think, the above-mentionedamendment was too simple, we should further study to improve, andeffective combination of litigation and mediation is the focus of thecurrent judicial circles. Authors chose the operation of combination of litigation andmediation Shanghai Pudong District which is a primary mode of the pretrialmediation, Hangzhou Yuhang District which is a primary mode of theentrusting mediation and Shuozhou Huairen County which is a mode of bigmediation as the object of study, and to reflect the present situationof combination of litigation and mediation in China through study thepresent situation of combination of litigation and mediation of the threeregions, thus consider of current problem of combination of litigationand mediation in China. The related problems are analyzed in the article,then proposed related suggestions that improve combination of litigationand mediation of China, hope to draw everyone’s attention, better playthe function of the diversified dispute resolution system, make the trialsectors and social sectors take advantage of each other’s strength, formresultant force, make the dispute to be resolved with the means of moreconvenient, economic, efficient means to be resolved, and better maintainthe harmony and stability of society.