| At present,with the deepening of China’s economic transition and social transformation,the complexity and universality of social contradictions are inevitable.Under the control of people’s increasing awareness of safeguarding their own rights,the number of cases accepted by the people’s court is also rising.On the one hand,the number of cases accepted by the court is increasing,on the other hand,the court’s personnel are limited,and the complex operation mode of judicial resources is difficult to cope with this sudden increase in reality,so social disputes can not be fully resolved,people have doubts about the credibility of the judiciary,which seriously affects social stability.How to solve this problem,no matter in theory or in practice,no matter from the highest decision-making level or the most grass-roots organizations,are exploring solutions and solutions.The dispute settlement plan before mediation and entrustment mediation is not only raised but also implemented in practice.However,these programs are generally carried out with the participation of court personnel,with limited scope and increased workload.So "Fengqiao Experience" gradually came into people’s vision.The so-called "Fengqiao Experience" is the experience that cadres and masses in Fengqiao town,Zhuji City,Zhejiang Province created in 1963 that "mobilize and rely on the masses,adhere to the principle that conflicts can not be handed over,and solve them on the spot;realize the goal of catching fewer people and good public security".On January 14,1964,the Central Committee of the Communist Party of China issued a directive to promote the "Fengqiao Experience" to the whole country.After nearly 60 years of development,the content of "Fengqiao Experience" has been continuously enriched and updated,becoming a flag of the national political and legal front.At present,in the era of multiple contradictions and complex disputes,we must adhere to and inherit the "Fengqiao Experience" based on China’s basic national conditions.At the same time,in the context of the rule of law,we should learn from the excellent experience of other countries in dispute resolution mechanism,form our own mechanism to effectively solve various contradictions and disputes,and respond to the proposition of the times.This paper mainly focuses on the basic content of "Fengqiao Experience",uses the research methods of literature analysis and comparative research,takes the diversified dispute resolution mechanism as the research object,and under the background of rule of law,comprehensively uses the legal thinking to comprehensively analyze how to improve the diversified dispute resolution mechanism,expecting to contribute to the social stability and the construction of the rule of law society.In addition to the introduction,the paper is divided into five parts: first,it expounds the concept of dispute resolution and diversified dispute resolution mechanism,and analyzes the internal relationship between "Fengqiao Experience" and diversified dispute resolution mechanism in the new era;second,it analyzes the era demand of diversified dispute resolution mechanism,focusing on combing its generation mechanism and path,which is also the necessary interpretation of the practical needs;third,it studies Based on the current situation of diversified dispute resolution mechanism in China,and the original intention of "Fengqiao Experience",this paper points out the problems that are easy to occur when using diversified dispute resolution mechanism to solve social conflicts or disputes and its own problems.Multi dispute resolution mechanism is called "Oriental flower" by foreign scholars,which has been imitated and recognized in many countries.However,there is no experience for us to learn from abroad,which needs us to carefully investigate and compare.The fourth part of the article mainly investigates the general situation of ADR system in the United States and Japan,and puts it into the legal provisions of our country.Finally,through the summary of experience,combined with the specific situation of China’s relevant judicial practice,put forward constructive suggestions to improve China’s diversified dispute resolution mechanism. |
