| Currently China is experiencing a period of rapid reform. Economy increases at high speed, great changes have taken place in social construction. A series of time's characters decide the diversity of social development, so construction of diverse world system of resolving dispute is becoming the main trend.As court being the subject of resolving dispute, it is being considered as the symbol of justify. It bears large disputes and plays a key role in the field of resolving dispute. With high cost, low efficiency, delay of authority relief and press of huge cases, countries are generally facing these crises. In order to resolve them, courts in the countries begin to judicially control action procedure, and promote procedure reform. Meanwhile it brings forth new action philosophy, that is, court guarantees fair distribution of limited judicial resources among persons seeking justify. Therefore, judges must ensure proper proportion between individual resources and complicity and importance of every case, so judges must consider not only parties but also persons waiting to resolve disputes. Because of that, many courts encourage parties to resolve their disputes by flexible ways, and set up new dispute-resolved way—court-annexed ADR(alternative dispute resolution).Under the background of constructing harmony society, Chinese court provides parties with agreed dispute-resolved way when it improves action system, although China has different law tradition, action culture and judicial philosophy. Now our courts have mediation and conciliation systems. Some lack and defect exist in them. They and prevailing court-annexed ADR in the other countries can not be mentioned at the same breath. Scholars try to break through by reforming its system. They suggest that courts should set up court-annexed ADR and reconstruct system, which considers mediation tradition of Chinese court and coincide with modern ADR.The aim of study on court-annexed ADR is to provide consideration of relevant legislation and amendment of civil procedure law. In view of it, deep analysis and study on court-annexed ADR is the need of theory research and judicial practice.The thesis includes four parts besides introduction and about 200,000 Chinese characters.In introduction, firstly, the author expounds meanings and value of the title, the developing court-annexed ADR in the other countries and the value and meanings in China. Secondly, the author defines court-annexed ADR. It is a system annexed to court, and is a little connected with action procedure, and is a way that parties make dialogues and resolve dispute by judgement of action procedure. Thirdly, the author combs the current situation of court-annexed ADR in America and Japan, and sums up Chinese current situation. Finally, the author introduces methods of studying the thesis. That is, comprehensive analysis of many subjects, comparative analysis, historical analysis and positive analysis.In court-annexed ADR, the author sets forth the law theory of it, and holds that court-annexed mediation and conciliation in action are a dispute-resolved way between state relief and society relief, and then analyses the philosophy of court-annexed ADR, that is, self-governed meanings, diversity of justify, close to justify and searching for cooperation. The author further makes sure the reason that ADR is annexed to court, and points the functions and management of court and possibility of court being the center of resolving diverse disputes. Difference between ADR and action causes value conflicts, so the author analyses the dispute and theory construction on court-annexed ADR and tries to resolve its' legitimate.In foreign court-annexed ADR, the author analyses court-annexed ADR in America, Britain, France, Germany and Japan according to background, system, operation and relevant evaluation, and points that Anglo-Saxon law countries are introducing actively ADR. Even conservatism Germany is paying more attention to ADR. Mediation and conciliation is also increasing in Japan. It is that court provides diverse dispute-resolved system. By analysis, the author sums up the characters, classification, function of court-annexed ADR, connection and difference between action and other ADR.In the tradition and current situation of court-annexed ADR in China, the author analyses the background, classification, character and operation of tradition al mediation in China, and points that more similarities exist in traditional mediation system and modern court-annexed ADR. You can not avoid Chinese mediation system if you study court-annexed ADR. After analyzing the change of judicial policy and the regulations on court mediation by the supreme court and explanation, the author thinks that civil mediation is very close to court-annexed ADR. After analyzing the practice of court-annexed ADR in Shanghai, Jiangsu, Shandong, Chengdu and Beijing courts, the author points that these courts have begun to practice court-annexed ADR without guide of relevant law, which accumulates experience of future construction.In construction of Chinese court-annexed ADR, the author firstly answers the reason of constructing court-annexed ADR in China. That is, it is the need of the system of parties center, the need of improving court functions, the need of judicial reform and constructing harmony society. Then the author gives such ideas of cooperative dispute resolving diverse dispute resolving, court-annexed ADR and agreed dispute resolving. On the basis, the author puts forward the proposal of constructing court-annexed ADR, including legislation, variety, scope, period, qualification, duty, fees inspiring system, procedure relief and limited time in procedure, and conceives concrete procedure of court-annexed ADR and conciliation in action. The author also puts forward the construction of relevant system including system of case management, extension of judicial assistance and system of lawyer's conciliation.
|
PDF Full Text Request