“诉调对接”机制研究——基于某市辖A区该机制运行现状的实证调研分析诉讼法学专业论文.docxVIP

Abstract After 2000, the economy in China has developed rapidly, with which the various social relationships has become complex. The conventional, single and sole dispute resolution mechanism has began to show its drawbacks when facing the contradictions among the people which are complicated, aggravated and in group trend. For the purpose of establishing a harmonious socialist society soon as well as in a better quality, a diverse, multi-channel and cooperative dispute-resolution mechanism shall be on the way. The court meditation system, which is regarded as a precious eastern experience, combined with the court litigation is deemed the best model for that goal. Since 2006, there have been a lot of explorations on this model in China. However, by now it is still uncertain whether the mediation plus litigation mechanism has fully played the role of resolving disputes cooperatively so as to establish a harmonious socialist society. The answer to this question is essential, for we can’t make a real judgment and have further study unless we clearly know how the mediation plus litigation mechanism is practiced and what is the effect in the reality. Authors used a method with “a point to reflect the surface” in this paper. By using a representative case to reflect the combination of litigation and conciliation mechanism in most areas of our country. With the help of teachers, the authors selected a representative combination of litigation and conciliation mechanism of a district named A district which is in the middle of our country as the object if this study. After an investigation of the case’s background, the author went to the court, the bureau of justice and some relevant administrative departments in A district. And also conducted a questionnaire survey on the parties. All the findings are in the first part of this paper. Then, based on the results in the research, the authors not only found the positive role of this mechanism l, but also found some problems in