On The Perfection Of The National Trial Mechanism

With all kinds of contradictions in China’s social transition period,and showing the characteristics of diversification,complexity and specialization,the number of cases is rising,coupled with the shortage of judicial resources under the reform of the post system,the pressure of court handling cases and trial effectiveness are opposite.Jiangsu Nantong first began in 2003,the major mediation mechanism,this opened the first docking of China’s litigation.Since then,the courts have begun to explore the "litigation docking ",which has prompted the initial formation of the mechanism of litigation docking in China.Although the courts have made certain achievements,they have not formed a unified and effective mechanism because of the lack of legal provisions,no unified applicable standards,and various working models.Therefore,it is an important task to improve the mechanism of litigation and docking in China.The main content of this paper is divided into four chapters,the first chapter introduces the concept of the mechanism of litigation docking,and expounds the necessity of perfecting the mechanism of litigation docking from the basis of reality,legislation and value analysis.Chapter two is an empirical investigation on the operation of the litigation docking mechanism in China.It mainly introduces the actual analysis of the litigation docking work in the courts of Nantong,Beijing,Shanghai and X counties of Jiangxi Province.The third chapter mainly analyzes some main problems existing in the mechanism of litigation and docking in China,including the lack of legislation,the lack of correct understanding of the mechanism of litigation and docking,and the failure to play the function of resolving disputes of docking and mediation organizations.The fourth chapter puts forward some suggestions on how to legislate,strengthen the propaganda of the mechanism,standardize the construction of mediation organization,innovate the working mechanism,and strengthen the information sharing and exchange among the departments and organizations.By strengthening the research on the mechanism of litigation and adjustment in China and summarizing the successful experiences of the reform of diversified dispute resolution mechanisms in various localities,it will help to promote the legislative process of relevant laws at the national level in China,further deepen the reform of diversified dispute resolution mechanisms,and form a social governance pattern of "party committee leadership,government responsibility,social coordination,public participation,and legal protection" at an early date.