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目前我国的纠纷解决机制正面临一个重构过程,在这个过程中,中国特色的诉前联调机制应需求而生。我国诉前联调相关试点工作已进行数年时间,而广东范围内诉前联调工作更是开展得如火如荼,积累下颇多良好经验,也产生不少问题。本文通过对该机制进行理论和实证的分析,从价值理念、需求——供给、成本——收益、社会效益四方面对其正当性进行探讨,并对其进行进一步的延伸思考,试图给该机制以正确的定位,明晰其发展方向,更好地推动诉前联调机制在我国的实践。
At present, China’s dispute resolution mechanism is facing a process of reconstruction. In this process, the pre-trial coordination mechanism with Chinese characteristics should be born after the demand. The trial pilot project of pre-trial joint prosecution in our country has been going on for several years, and the pre-trial joint-transfer work in Guangdong is conducted in full swing. Many good experiences have accumulated and many problems have arisen. Through the theoretical and empirical analysis of the mechanism, this paper explores its legitimacy in terms of value concept, demand-supply, cost-benefit and social benefit, and further extends it to try to give the mechanism With the correct orientation, clarify the direction of its development and better promote the pre-trial joint-transfer mechanism in our country.