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About The Reasonability Of Existence Of Lawsuit Mediation System In China

Posted on:2004-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:J P WangFull Text:PDF
GTID:2156360095452120Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Lawsuit mediation (court mediation) is a Chinese characteristic law system, It takes root to the traditional culture keenly, and is a kind of main methods of solving issues in civil case in our court of justice especially grass-roots court. But in globalization today ,lawsuit mediation is suffering challenge from modern western rules of law , defect of itself and so on, even someone proposes abrogating the current lawsuit mediation system of our country. Of course the question has been discussed and researched for a long time. But it has not been analysed and expounded and proved in system such as the original writer from the angle of "reasonability" , basing on the quantities of investigation in historical , logical, comparative, sociological psychological methods, the writer thinks that the being or abolishing of a law isn't simple, we must deal with it carefully, research it in system and investigate it widely to avoid falling into the odd circle of "making after abolishing, abolishing after making", the writer thinks that Lawsuit mediation is historically reasonable in China today.The first, traditional culture of China is representative "joint culture": "scorning lawsuit", "stopping lawsuit", and pursueing "jointment"; the moral principle is more important than wealth principle in China; the law is living, so there is no right viewpoint and authority of law. The people are accustomed to solving issues in mediation.The second, accompany the market economy, the diversification of conflict of benefit, relationship between people and viewpoint of value determines the diversification of means of solving issues. Yet at present, the actuality that the judicial resources are seriously scarce determines that the adjudication of court of justice can't meet with the demands of quantities of cases, yet, lawsuit mediation can make up the defect.The third, the lawsuit mediation has a kind of advantage that it canbring the largest benefit from the finite resources and the cost is lower than adjudication in the eye of economy.The fourth, that the party concerned is ready to select mediation and mediation is justice's partiality determines that the existence of lawsuit mediation system is reasonable in China.The fifth, in spite of a series of defect of current court mediation in our country in its installation and practical operation, some people suspect or deny it, but the writer thinks that these disadvantages can beovercome by reforming in system, so we should not do away with it.
Keywords/Search Tags:lawsuit mediation, reasonability, traditional, culture adjudication, improvement
PDF Full Text Request
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