Current Situation and Optimization of Mediation Mechanism in China from the Perspective of Source of Litigation Governance
In recent years,the number of cases accepted by the people's courts at all levels of our country has been high,and the judicial work is facing severe challenges.In order to effectively alleviate the contradiction of"fewer cases"in the court,we should strengthen the governance of the source of litigation by playing the role of mediation mechanism to avoid a large number of disputes pouring into the court.There are many types of mediation in our country,such as judicial mediation,people's mediation,administrative mediation,lawyers'mediation and other mediation,but the overlapping setting of mediation and unbalanced division of labor,weak mediation effectiveness,lack of specialized personnel in mediation and insufficient mediation safeguard measures are also facts to be faced.To solve the above problems,first of all,we should make full use of mediation linkage system,establish mediation guidance mechanism,and encourage the establishment of individual mediation institutions to straighten out the relationship between various types of mediation to avoid excessive overlap and uneven division of labor.Secondly,it is necessary to optimize the jurisdiction and review of the judicial confirmation procedure of mediation agreement to enhance the effectiveness of mediation,improve the training mechanism of mediation talents and establish the professional honor system of mediators to break through the dilemma of lack of talents and insufficient security.Finally,the use of information technology to build a unified electronic mediation platform,electronic filing system to further enhance the quality of mediation.
NETL
NSTL
万方数据
维普
