Research On The Optimization Path Of Non-litigation Mediation Mechanism In The Process Of Urbanization

With the acceleration of urbanization and the rapid transformation of economic system from planned economy to market economy,the current social structure of China has also undergone a comprehensive change from traditional society to modern society.The process of social pluralism promoted by the dual transformation of economic system and social structure is manifested as multiple process of value pluralism,social subject pluralism,demand pluralism and social contradiction pluralism.In order to solve civil disputes more effectively,the non-litigation mediation mechanism has entered the "fast lane",but this does not mean that it does not have problems.On the contrary,under the new social structure and the characteristics of disputes,the operation of the non-litigation mediation mechanism is too hasty.As a result,there are some problems in the process of non-litigation mediation,such as the main body of dispute resolution ignoring the negotiation between the parties,the improper use of mediation methods by mediators and the internal cohesion of non-litigation mediation mechanism.In the upsurge of non-litigation mediation mechanism,what roles should administrative organs,people’s mediation committee and grassroots courts assume,what methods and skills should be used in the process of mediation,and how to achieve the effective "connection" of multiple subjects in the process of non-litigation mediation,so as to realize the long-term effective development of non-litigation mediation mechanism.These are the problems that need to be solved when the non-litigation mediation mechanism is perfected in the current process of urbanization.In addition to the preface and conclusion,this thesis is divided into five chapters.Chapter one,the impact of rapid urbanization on the non-litigation mediation mechanism.With the acceleration of urbanization,the characteristics of non litigation dispute resolution are different from traditional society,the social structure of traditional social mediation has changed,with the coexistence of national order and rural order,the rapid formation of multiple norms,the change of identity,and the change of social trust mechanism.Along with this,the characteristics of disputes faced by the traditional social mediation have also changed,such as the comprehensiveness of the appeal of the law of reason,the complexity of the content of disputes,and the easy escalation of the nature of disputes.Therefore,the urbanization process puts forward the requirements for the non-litigation mediation mechanism,such as the mediation subject should have more professional mediation methods,the operation of the non-litigation mediation mechanism should be more efficient and the operation of the non-litigation mediation mechanism should have a more perfect system.Chapter two,the operation status of the non-litigation mediation mechanism in the process of urbanization.The multivariate dispute resolution mechanism is mainly the diversity of dispute resolution subjects.According to the subject of dispute resolution,the non-litigation mediation mechanism is divided into dispute mediation by police stations,dispute mediation by people’s mediation organizations and dispute mediation by courts before litigation.The operating status of the three mechanisms in District D of Tianjin is observed,including the characteristics of dispute resolution,mediation process and mediation methods.Chapter three,the common problems of non-litigation mediation mechanism in the background of urbanization.The non-litigation mediation mechanism has the following problems: first,the status of the parties is passive;Second,the discourse of "forced" mediation is more frequent,which is manifested in the discourse of "coercion and inducement" is more frequent in the mediation of police station,and the boundary between the parties’ freedom of disposition and the judge’s forced mediation is blurred in the court’s pre-litigation mediation.Third,the "connection" of the dispute resolution process is weak,which is mainly manifested in:the dynamic cooperation between the parties in the dispute process is not really formed and the information interoperability in the dispute resolution process is weak;Fourth,the role of civil forces in the process of non-litigation mediation is not obvious.Chapter four,improve the non-litigation mediation mechanism for reference.The first is the reference of civil mediation disputes in China’s regulated society.Looking at the operation of the mediation mechanism in ancient China,we can find that civil mediation has positive significance to the settlement of disputes under the environment of limited social autonomy.The second is to learn from the "Fengqiao experience".Xinxiangxian’s participation in non-litigation mediation and non-litigation mediation process needs to adhere to the concept of communication and consultation and the "three-tone linkage" non-litigation mediation working mechanism.Chapter five,improve the idea and method of non-litigation mediation mechanism in the process of urbanization.First of all,we should improve the mode and concept of non-litigation mediation mechanism,adopt a differentiated mode,and establish the concept of non-litigation dispute resolution based on the "negotiation principle",so as to protect the independent status of the parties and enhance the civil character of the non-litigation mediation mechanism.Secondly,we should optimize the mediation methods in the non-litigation mediation mechanism,not only to clarify the primary and secondary contradictions in the process of dispute resolution,but also to build scientific mediation methods.By improving dispute resolution skills,we can not only make up for the lack of authority of dispute resolution subjects,but also make mediation methods more skillful and avoid the language of "forced" mediation.The second is to establish an information exchange system of non-litigation mediation connection mechanism,that is,to take the disputes as the main body and register the information involved in the whole process of disputes from the dispute resolution subject to the final resolution,including the parties involved in the dispute resolution process,facts,evidence and connection of the dispute resolution subject.The addition of this system can promote the connection mechanism of non-litigation mediation and improve the speed of case circulation and resolution efficiency.