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1、 On a wide range of civil disputes settlement mechanism The abstract called diversification dispute resolution mechanism refers to them in a society, the use of a wide variety of disputes solution to achieve a variety of solutions to be able to play their respective specific functions, as well as th
2、e use of their works, and their mutual co-ordination and co-exist to form a complementary, to meet the diverse needs of the social body program system and dynamic adjustment system. diversified settlement system is relative to the single settlement system, its greatest significance is to avoid the s
3、imple solution of disputes sent to a particular program, such as litigation, leading to absolute as the basic concept, in order to adapt to the social value of human diversity and pluralism means of. The Paper Keywords diversified civil dispute settlement mechanism Establish the reasons of the diver
4、sified civil dispute settlement mechanism On the one hand, accompanied by the social division of labor than the original increasingly specialized, and along with the continuous deepening and development of the socialist market economy, especially in todays in commodity economy era, China has begun t
5、o gradually “acquaintance society” The stranger social transition, which resulted from the tradition of relying on the patriarchal system to solve the problem to mainly rely on the law to solve the problem, which also resulted in a community court accepts the growing number of cases, the peoples cou
6、rt to resolve disputes and social conflicts task heavier. This has resulted in a non-litigation settlement mechanism gradually Depression, lose its proper function, resulting in a number of civil disputes is difficult to promptly resolve populace Complaint Letters and Visits rising, thus affecting t
7、he socialist the building of a harmonious society. these problems occur mainly based on the following points: 1. Legal omnipotence of ideas too far, because of China for thousands of years is a mainly rely on the patriarchal system and kinship to handle and resolve disputes countries, plus ancient r
8、ulers tion light China “concept, resulting in people worship of power and “Boredom” mentality. carriageway Modern Chinese choose to learn from the West, learning their science and technology, and legal thinking to adjust and to learn from the West to the people to abandon the traditional use of patr
9、iarchal people solve ways and means of dispute. bound to such a situation, the state organs, the use of media ownership, wantonly preach the supremacy of law, but also the traditional dispute resolution methods dubbed the “feudal” notoriety, with thinking of the depth of the rule of law, the the rec
10、ent Chinese people gradually get rid of the “Boredom” psychological “, but yet toward the other extreme, blind respect for the law, of course,” power “worship ideas at work, over-confident power of the judge. “judge” is “official”, which resulted in the court over the “crowds like mediation, arbitra
11、tion and other organs but wants to come,” the situation, which is also a direct result of the consequences, it is the court task large, which is difficult to ensure the quality of the judgment in the case. On the other hand, arbitration, mediation, conciliation due to the long-term left out in the c
12、old, the role of these organs in a step-by-step degradation, which also resulted in a single litigation situation . 2. Lack of security system for non-litigation dispute resolution mechanism. Why are people reluctant to choose those “non-litigious” adjustment mechanism? I suppose there is the follow
13、ing. (1 With the deepening of the legal work and the market economy development, peoples awareness of their rights dormant for thousands of years gradually awakening to understand the ownership rights of people, when their rights have been violated will be eager to protect their rights. (2 non-litig
14、ation settlement mechanism in the lack of enforcement mandatory. ordinary people see the case last execution after arbitration or mediation, reconciliation is still relying on the courts to resolve, which makes non-litigation authority in the minds of a certain lack of authoritative, which also caus
15、ed the people do not trust the “non- litigation settlement mechanism 3. Deviation from the courts own assessment mechanism oriented. Court trial business assessment from the current analysis, mainly in the number of cases, the quality, efficiency assessment. Cases mediation rate as well as court-led
16、 diversification dispute resolution mechanism for this important function transformation, there is no corresponding system oriented to be provided for and constraints. court shall perform the functions of guiding peoples mediation work, but the functions of the concrete implementation of the Court p
17、ost business assessment, often just generally advocated, but the lack of rigid requirements, lack of incentives. Court and its staff whether the guide, as well as how to guide, guiding how effective grassroots courts from the target assessment, these are not important. 4. To establish the correct ru
18、le of law and philosophy, adhere to the people-oriented guiding ideology. Premise of Chinese rule of law society to achieve the popularity of the rule of law and the concept of, and people for the rule of law and the spirit and meaning of the sentiment, identity and thus consciously maintenance in t
19、he establishment of a sound litigation and non-litigation phase of convergence the process of dispute resolution mechanisms should unswervingly adhere to the socialist concept of rule of law, to obey the rule of law, satisfied with the legal authority to defend the dignity of the law, the pursuit of
20、 the rule of law and order essential attribute of our judicial system is the people, judicial power derived from the people, also belongs to the people, so it should be to serve the people In 1982 the Constitution established the Constitutional Thought of “the state respects and safeguards human rig
21、hts”, “people oriented”, “rights-based” social body positioning ideas has been recognized. jurisdiction means that the people should be regarded as the main body of the law, the law is because the person was born, people standing, the legal system should reflect the ultimate concern for people every
22、where, the legal demand free humanity should be carrying, should also pay attention to the people demand situation in the field of justice, and the requirements of the design and reform of the judicial system should be starting from the stance of the people, so that citizens truly become a judicial
23、body, especially for specific vulnerable groups in the society, but also tilt protection, thereby substantial justice society as a whole “, so as to implement the socialist concept of rule of law and building a socialist harmonious society has laid a solid legal foundation under it. Links to free pa
24、pers Download Center http:/ Second, to further improve the diversification of non-litigation settlement mechanism My own personal opinion, to solve the court over “crowds” rather than litigation settlement mechanism over but wants to come, “the embarrassing situation, I proposed following some of th
25、eir own thoughts and opinions: 1. Stick to the correct legal concept of public opinion and propaganda, to change the past blindly emphasized the supremacy of law “concept, to the promotion of legal thinking, while non-litigation settlement mechanism publicity should be placed in a prominent position
26、, even in a period period of time to increase the publicity of non-litigation settlement mechanism applicable to the scope, procedures as well as the role of the people getting to know the non-litigation settlement mechanism of flexibility, convenience and judicial costs low, so as to guide and enco
27、urage people to use more non-litigation adjustment mechanism to regulate the adjustment mechanism of the non-litigation. addition to influencing factors for the guidance of public opinion, the non-litigation mechanisms of self-regulation is not sound enough, leading to the first people in psychologi
28、cal distrust of the authorities of the non-litigation and non-litigation institutions should more standardized procedures, on the other hand is to give non-litigation regulating authorities greater powers in some respects, to consolidate his authoritative position, their own decisions and regulation
29、 can be accepted by the people to get the support of the people. 2. Adhere to the peoples mediation system, give full play to the role of the peoples mediation system called the peoples mediation system is presided over by the Peoples Mediation Committee, its main responsibility is to resolve civil
30、disputes, judicial system with Chinese characteristics. Peoples Mediation Committee is independent of the litigation outside a civil regime, the peoples mediation system, respect for the aspirations of both sides adhere to the principle of legitimate and reasonable principle of voluntary and the pri
31、nciple of equality of the peoples disputes, a system of mediation and civil mediation, this has the rustic nature of the original spirit of democracy and the humanitarian spirit of conciliation, in line with our thousands of years “and for your” traditional thinking in todays building a harmonious s
32、ociety today has a strong vitality and influence. 3. Adhere to the arbitration ruling system. Arbitration system refers to the parties to keep their own disputes to arbitration eligible third party of their choice, a third party in accordance with the procedures and principles to make a fair decisio
33、n and arbitration the losing side to accept sanctions system arbitration system is a system of non-litigation of civil arbitration system adhere to the principle of independent arbitration does not belong to any administrative system is not set up in accordance with the administrative level and grad
34、e, as well as geographical, but according to the needs of the local establishment. the the arbitration institution subject to the supervision of the court, but not part of the courts membership department, but an independent exercise their own right to arbitration. addition to arbitration authoritie
35、s also insist on the principle of legitimate and reasonable as well as the principle of consensual cutting program formulation and Enforcement of arbitral awards and the event of the parties not voluntary implementation of the intervention can be carried out in accordance with the the trial laws of
36、the prescribed range., judicial arbitration activities is an important part of Chinas judicial system. 4. Adhere to Chinas labor dispute settlement mechanism solution of the labor dispute can be divided into the following four categories: The first one is the reconciliation of the labor dispute, bot
37、h parties own agreement, in the event of a dispute when a deal with disputes be resolved in accordance with the agreement, there is no third party to participate in the way of such a solution, which is conducive to conflict minimization solution second solution is the regulation of the labor dispute
38、 is that the parties to the dispute to a third party, under the auspices of a third party to convince persuasion to achieve the effect of resolving contradictions, our legislation allows mediation, including the Labor Dispute Mediation Committee for mediation, conciliation of labor dispute arbitrati
39、on committee and the peoples court mediation. third solution is the arbitration of labor disputes is that the labor dispute to to arbitration institution arbitration institutions based on party application can be carried out, and not based on the other you agree, so the mandatory arbitration limitat
40、ion of actions is generally 60 days. fourth solution is a labor dispute litigation, is the labor dispute to the Peoples Court to try to resolve the conflicts in order to achieve the effect to resolve social conflicts, thus contributing to social stability, conducive to the development of society. Th
41、ird, to establish a diversified civil dispute resolution mechanism todays role in building a harmonious society The diversified civil settlement mechanism with a major role to play in building a harmonious society in todays society, to build a diversified settlement mechanism on the one hand, it can
42、 greatly reduce the cost of litigation, so that the Court also to ease the heavy cases limited judicial resources to be effective and reasonable configuration, but also conducive to a wide range of civil disputes mechanism has a low cost of litigation, on the other hand, through the shunt method mak
43、es the Courts task is relatively reduced, which for judges ad litem efficiency and enhance the level of deciding a case, this will greatly improve the correct rate of the cases, and to prevent or reduce the enemy erroneous cases occur, thus ensuring the right to life of the people, property rights,
44、the right to health. Such events will be reduced masses petition, thereby easing the relationship between the government and the parties, in particular, the law as the maintenance of justice last line of defense, is conducive to maintaining the dignity of the law, so that the authority of law is dee
45、ply rooted in the hearts of the people, so that legal concept of people favor the law as their own faith, real under rule of law has laid a solid foundation. addition, adhere to a wide range of dispute resolution mechanisms conducive to resolving the abuse of the right to appeal in the social life,
46、especially today relatively scarce judicial resources should vigorously promote and establish a pluralistic civil settlement mechanism to avoid and reduce life “a dollar lawsuit abuse because such demands with the concept of a harmonious society contrary to , must be firmly resisted, so that such in
47、cidents minimized in there, is to build a diversified civil settlement mechanism because of China since ancient times to promote “and is precious”, insist on the establishment of a diversified civil settlement mechanism conducive inherited the fine tradition of our heritage, and promote cultural har
48、mony and harmonious family, and ultimately achieve the harmony of the society as a whole, but also conducive to reconciliation between the people and increase the feelings between people, and is conducive to the integrity of the community as a whole established, beneficial to enhance tolerance betwe
49、en the various members of the community, thus contributing to the society as a whole has its own sense of responsibility, rather than won the lawsuit, but lost the feelings between people, even acquaintances “strangers”, and some even forged a “never in contact with the situation, so that not only is not conducive to a harmonious whole between people, is not conducive to social stability and unity, is also detrimental to the society as a whole harmony. establis