In contemporary China,asking the court for help is the first reaction when people encounter some problems.This shift of people’s thoughts should owe to the remarkable effects of the policy “ruling the country by laws”,but in the meantime,we should also clearly recognize that limited judicial resources are an inevitable problem for China,which is a large country with a large population.Especially under the circumstances where diverse social forces lead to diverse disputes,no system is perfect enough to meet the needs of all parties.With the implementation of the system,the problems caused by the reform of the registration system are gradually revealed.For one thing,trail has almost become the only way to settle disputes.However,in fact,a large number of disputes,especially those involving moral and ethical issues,family affairs and highly technical industrial disputes,can be easily resolved through consultation between both parties or mediation by a third party.China advocated reconciliation since ancient times,the "Oriental experience" which derived from it is not only a summary of the history of thousands of years,but also experience that match China’s national conditions.But now there are a lot of disputes which maybe have more suitable solutions than trial have been poured into the court,resulting in a waste of limited judicial resources.For another,the contradictions caused by the large number of cases pouring into the court also reflect the deficiencies of the current working mechanism of the court.We need to continuously optimize the mechanism of case reception,diversion and trial work to avoid a passive position of the court in the process of dispute resolution and ensure that the court plays a subjective and active role while improving the quality and efficiency of case handling,so as to realize flexible transformation of the mechanism from passive reception to reasonable control of case diversion.While realizing the function of resolving disputes and maintaining social stability,different disputes can be resolved in more appropriate ways according to different situations.This article analysed exposing problems from aspects of the purpose of the system design and system implementation,summarized the problems existing in the current system operation.What’s more,according to social disputes and litigation system reform background,the outside related experience and the exploration of diversified dispute settlement mechanism and the combination of program optimization,we tried to solve the remedy and trial difficulties by refining legislation,carrying out programs,or exploring more comprehensive disputes settlement mechanism constructions,in order to realize the doublewinner situation of both judicial justice and judicial efficiency eventually. |