Research On The Application Of Mediation In Civil Public Interest Litigation

With the rapid economic development,economic exchanges have become increasingly complex,social conflicts have become more diversified,and new types of disputes have emerged in an endless stream.Disputes in modern society have appeared to be broader in scope,spread more widely,have many victims and are not specific,accompanied by the public interest litigation system.The establishment and diversification of the concept of dispute resolution and the introduction of mediation procedures into civil public litigation dispute resolution have achieved relatively good results in practice.However,according to the author's theory of combing the civil public interest litigation and mediation system,it is found that in the theoretical level,the mediation system has no viable soil in civil public interest litigation.From this we can see that there is a serious conflict between the theory and practice of the system,which is the key to the application of the mediation system in civil public interest litigation.While the theoretical basis of our country's legislature is not yet firm,the application of advanced mediation in civil public interest litigation will be advanced,and why its legislative purpose is worth pondering.For this reason,the direction studied in this paper is to study this issue.Specifically,firstly,through the observation and contrast of the two dimensions of theory and practice,this paper puts forward the contradictions and conflicts existing in the theoretical and practical aspects of civil public interest litigation mediation procedures.Second,through the introduction of the advantages of mediation,it clearly affirms mediation in civil public interest litigation systems.The reason for the applicability lies in the analysis of the causes of both the affirmation of practice and the negation of the theory,to find out the causes of the contradiction and conflict,and to make it clear that the legislature is affirmed on the basis of incomplete theory.The purpose of legislation applicable to mediation and civil public interest litigation.Finally,under the premise of clarifying the core issues of the application of the mediation system in civil public interest litigation,the author proposes the guiding ideology of limited mediation,which translates the idea of limited mediation into concrete procedures.On the one hand,it examines andanalyzes existing regulations.On the one hand,suggestions are made on the current imperfections.In the end,through the establishment of specific procedures,the two dispute resolution mechanisms,litigation and non-litigation,are coordinated and complemented with each other to achieve the purpose of expanding dispute resolution approaches in civil public interest litigation.Build protection mechanisms for public interests.