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随着我国社会转型升级的不断加快和经济结构调整力度的不断加大,社会矛盾在一定程度上呈现出复杂高发的态势,传统的以司法救济为主的社会矛盾调处机制已无法满足现实的纠纷解决需求,构建多元化纠纷解决机制已经成为历史发展的必然。作为广东省推进社会矛盾化解、构建多元化纠纷解决机制的有益尝试,诉前联调一经推行便在实践中产生了强大的生命力。诉前联调的基本运作程序是在纠纷起诉至法院之前或纠纷虽已起诉至法院,但法院尚未立案时,由法院联合相关部门共同开展调解工作,努力促使矛盾纠纷化解在诉前、化解在基层,化解在萌芽状态。尽管诉前联调在纠纷化解方面有独特作用,但由于这一方式仍处在起步阶段,联而不紧、动则乏力的现象还在一定程度上存在,但诉前联调在化解纠纷方面的发展潜力无限。为此,本文提出从诉前联调法律地位的确立、操作流程的规范、配套支撑的搭建以及外部环境的营造等方面加以完善。
With the constant acceleration of social transformation and upgrading and the adjustment of economic structure in our country, social contradictions have shown a complicated and high tendency to a certain extent. The traditional mediation mechanism of social conflicts mainly based on judicial remedies has been unable to meet realistic disputes To solve the demand and establish a diversified dispute resolution mechanism has become an inevitable result of historical development. As a useful attempt to promote the resolution of social conflicts in Guangdong Province and build a pluralistic dispute resolution mechanism, the implementation of the pre-trial joint prosecution has created strong vitality in practice. Before the prosecution of the joint operation of the basic operation of the dispute before the prosecution to the court or although the dispute has been prosecuted to the court, but the court has not yet placed the case, the court jointly with the relevant departments to mediate efforts to promote the resolution of conflicts and disputes before the complaint, resolve Grass-roots, to resolve in the bud. Although the pre-trial joint commission has a unique role in the resolution of disputes, since the mode is still in its infancy, the co-ordination is not tight and the post-fatigue movement still exists to a certain extent. However, the pre-trial joint action in resolving the dispute The development of unlimited potential. Therefore, this paper proposes to improve the legal status of the pre-trial joint prosecution, the standardization of operational procedures, the construction of supporting support and the construction of external environment.