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Court House Intermediation System Research

Posted on:2004-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:W YiFull Text:PDF
GTID:2156360122466221Subject:Law
Abstract/Summary:PDF Full Text Request
The intermediation which is used as a kind of dispute solution is a tradition inour country. In the law of civil procedures, intermediation is written in as a basicprinciple. More importantly court house intermediation system has been even seen asa kind of method to exercise the judicature. It takes an important position in the civilcase system and been called "Eastern experience" abroad. For a long time, themajority of civil and business case hi our country is solved by the means ofintermediation. It not only can make a quick to the dispute, but also benefits to thestability of our society, therefore it is very important in practical way. This makes theintermediation system to be the most characteristic one in our civil case judgmentHowever, along with the diversification of the society value, the dispersion of thesociety construction and the concretization of the society relationship, not onlybecause the finite judicial resources can't bear the increasingly dilating issues, butalso because of the awakening of the party concerned corpus consciousness, theintermediation system in operation already can't approach the requirements of thesociety for dispute solving with fair and efficiency, and this inevitably requestadjusting and reconstructing the intermediation system of our court. From here causedthe dispassionate considerations of the numerous scholars. They bring upped thestandpoint of different views, surrounding the " retain"," discard" and" reformulate".And the judicial actual situation field even proceeds with reforms of the system. Butthe intermediation system has not resolved well on the construction of theories andthe practice to operate .Therefore, the writer investigates the present condition of theintermediation system, analyses the existential problems, investigates the historyorigin and development, compares the related system of other nations and the regions and puts forward some advice of perfecting the intermediation system , with the aim of benefiting the reforms of intermediation system in operation of our courtThe paper is divided into six parts:The first part is the preface which explains the reason for the choice of intermediation system to be the research object.The second part is a summary explanation to the court house intermediation system. Through the evidence investigation method, this paper emphasizes on the research of court house intermediation system's operation. By analyzing the problems, this paper makes several suggestions to make the system better.The third part investigates the origin of court house intermediation system, analyzes the historic reason, and acquires enlightenment.The fourth part compares to relevant foreign countries or regions' court house intermediation system, especially United States, England, Germany, France, Japan, Taiwan region and analyzes the different features in the system to acquire some enlightenment.The fifth part After making an introduction of several reforms about court house intermediation system and analyzing its value position, the writer emphases on suggestions to make the system better.The sixth part is the end part. The writer reemphasis the purpose of writing this paper and the importance of court house intermediation system.
Keywords/Search Tags:Court house, Intermediation system, Research
PDF Full Text Request
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