The Research On China’s "Combination Of Litigation And Mediation" Mechanism

With the rapid development of China’s economy, the adjustment of the social structure, and the increasingly diversified pattern of social interests, which result in increasing conflicts between different interest groups, then a wide variety of cases endlessly influx to court, some specialized cases involving higher and higher professionalism, the court faced with a variety of pressures and efficiency declining, so there is urgency to combine the mediation and litigation and the top priority is to establish a diversified dispute settlement system that with complementation functions and procedures."Combination of litigation and mediation" mechanism is to establish a novel mechanism for diversity dispute settlement, as a new attempt,"Combination of litigation and mediation " will never without uncertainties and immatureness, Although the2012amendment to the Civil Procedure Law is already a big step forward of judicial confirmation system codification but it still need to be standardized, specialized, and that the staff involved in the operation using it in a more flexible way. this part deserve to be explored in the paper. By visiting several legal cases regarding "Combination of litigation and mediation", and with the goal of analyzing the mechanism of "combination of litigation and mediation", we start from the concept definition, value targets, realistic significance of the study and application of the principle, and we focus on analyzing the mechanism and problems of "Combination of litigation and mediation", aiming to propose ideas and suggestions to improve the "Combination of litigation and mediation"mechanism.