Research On The Docking Mechanism Of The Second Instance

Along with our country economy into the era of rapid development,the social conflicts between different interest groups number increased year by year,seem to be more complex and contradictory type professional,dispute massive poured on to the court,the court proceedings under pressure is more and more big.Judicial practice in order to better and faster to help people resolve disputes,reduce the pressure of court,disappear assist first commissioned by the court in jiangsu province,invited to participate in consumer disputes,mediation,and expand to other contradictions multiple industries.After the Shanghai district court also began to explore with the aid of social forces,intervention before litigation,mediation to resolve disputes in the new model,initially established in the basic people's court "v.the docking center",be responsible for the cases of first instance of v.the docking.But as the second instance court work pressure,v.docking method is mature,in the intermediate court level for part of the "criminal case" also introduced a "pluralistic mediation",namely the court in the appeals process,the introduction of diversified social dispute resolving power,under the leading of the court,professional and efficient by social forces to the case mediation work.The second instance mediation is in the whole large mediation pattern,because of the particularity of the second instance,there is a lot of disputeabout the personnel,content and scope of mediation.The rationality,similarities,problems and perfection of the suit and docking mechanism in the view of the trial are also discussed in the theoretical field.This article is in the second instance court docking practice as the breakthrough point,by contrast,a second trial court practice docking,found a second trial court in implementation of v.the problems that exist in the docking work,thus perfecting the criminal court docking work,is also exploring the v.the unification of the docking mechanism system,build up different level court trial cooperation with social power,diversified to resolve disputes of the whole system.This paper is divided into five parts.The first part is an overview of the docking mechanism.From v.docking mechanism connotation of this chapter,leading to the court of second instance the connotation of docking mechanism research,from the theoretical perspective of criminal mediation,explore the innovative of criminal case v.adjustable docking studies.The second part is the court practice of the second instance court's action on the docking mechanism.In this chapter,the second intermediate people's court of Shanghai is selected as the sample.Selected the two samples of grass-roots court at the same time,the Shanghai changning district basic people's court,xuhui district,the basic people's court two courts at the grass-roots level,for one,the second instance court of v.the docking mechanism present situation investigation,to find the court of second instance the docking mechanism,the problems existing in the operation process.The third part,the comparison between the two levels of court action and docking mechanism.This part draws on the sample analysis of the docking mechanism of the three courts in the second part,and summarizes the similarities and differences between the two levels of court action.Contrast the first-instance court the docking mechanism operation situation,the second instance court in the scope of accepting cases,mediation content,the development stage,absorb the social forces to participate in mediation and the court of first instance is obviously different,and for the research of criminal case v.docking status to provide a broader thinking.The fourth part,the second instance of the court of appeal to the docking mechanism existing problems.It is worth considering that the current status of the operation of the second instance litigation and docking mechanism is fuzzy,and it is not effective to distinguish the judgment level of the court.This part through rational thought,the present state of second instance court adjustable docking mechanism is further analyzed,and concluded on the problems existing in the criminal case v.the docking way,for perfecting the procedure of second instance in v.provide basis for docking.The fifth part is the perfection of the mechanism of the second instance.This part from clear second-instance court case v.the docking mechanism be applicable scope,improve the second trial court mediator threshold,build the docking mechanism system of unified management from several aspects,such as how to perfect the second trial court the docking mechanism put forward relevant Suggestions,in order to enrich the current lack of theoretical circle of criminal case v.the docking study,clear division for the second trial court in the docking mechanism in the process of running reasonable boundaries,to avoid a second trial court caused by blind to promote "out of control" phenomenon.