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The decision basis and relative choice of the docking mode of litigation and mediation
——Principle summary and trend prospect based on local judicial data and practical experience
1. Wei Yuening, 2. Liu Wenbin
1. National judicial civilization Collaborative Innovation Center, Institute of procedural law, China University of political science and law, Changping 102249, Beijing
2. Institute of law, Sichuan Academy of Social Sciences, Chengdu 610072, Sichuan
Abstract: as a major innovation of the country to improve the grass-roots governance system and governance capacity, the practice of "docking litigation and Mediation" is emerging. The mode is characterized by diversity. How to choose a specific litigation mediation docking mode which is suitable for the local situation and takes into account a certain perspective involves scientific issues of decision-making. According to the differences of the relationship between people's mediation and other organizations and the court's ways of resolving disputes, it can be divided into the main body of court's leading, court's auxiliary and even some leading modes of mediation organization's business. Based on different types of cases and different ways of resolving disputes, it can be divided into "courtyard type", "courtyard type" and "intermediate transition type". Based on the differences of economic geography, it can also be described as "developing county", "developed metropolis" and "pastoral area", "high-tech zone" and other models. Based on the differences of human geography, there are three ladder models of "government power leading", "transitional transformation" and "court society co governance". Based on the horizontal and vertical time-space modeling of the national development process and the comprehensive comparative vision of human economy and geography, from the horizontal level, different models basically correspond to the distribution pattern of human economy and geography from the villages and towns in the central and western regions to the modern international metropolis in the eastern Yangtze River Delta. From the vertical level, it vividly explains the possible evolution of the docking mode of litigation and mediation in the process of local pre modernization to modernization Path and trend.
Key words: national governance; regional differences; conflicts and disputes; diversified solutions; litigation and mediation docking