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The Study Of Civil Dispute Administrative Mediation

Posted on:2011-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:C Q ZhouFull Text:PDF
GTID:2166330332964377Subject:Law
Abstract/Summary:PDF Full Text Request
With the Chinese government initiated a harmonious society in the country to vigorously promote the concept of non-litigation dispute resolution mechanism for rapid development. Administrative mediation as a non-litigation dispute resolution mechanism, because of its relief flexible, professional characteristics and so on, in the current economic and social life, it concerned by more and more parties and as an important means to solve economic disputes in civil disputes. However, because of the long-term neglect of administrative mediation system and its own deficiencies and other reasons, it is difficult for the executive administrative mediation to resolve civil disputes due role. The authors attempt to study the issue, hoping to improve our administrative mediation and helping for the legislation and practice of civil dispute administrative mediation. In this paper that the administrative mediation subject not only include administrative organs and include other organizations authorized by the laws and regulations. Administrative mediation system has the characteristic of the main object in particular, widely, the principles of voluntary and certain professional. The author thinks the civil dispute may choose administrative mediation to resolve disputes is conducive to the rapid and thorough dispute solution, to strengthen the legal concepts, improve its rights consciousness, to meet the needs of the civil disputes. The value concept of administrative mediation fit the requirements of establishing harmonious society, and the principle of autonomy provided precondition for private civil dispute applicable administrative mediation, meanwhile the relevant administrative mediation of legislation and practice provided guarantee for civil dispute applicable administrative mediation system. Administrative mediation as a kind of traditional ways to resolve the disputes in the civil dispute solution and plays an important role, but also exposed many problems. Such as the administrative mediation of legal documents multifarious , not unified, the scope is not clear, the administrative subject violates the principle of voluntary and Conciliation procedures is arbitrary and mediation method of backwardness. These problems with legal culture value conflicts, the current law environment influence and civil dispute mediation administrative limitations are closely related. We should come from the following several aspects of perfecting administrative mediation system of civil dispute to solve these problems: First formulate unified legal basis, gives a civil dispute mediation agreement legal effect with the mediation law, clear civil disputes administrative mediation and regulating the administrative mediation civil dispute administrative mediation of operation procedure; Secondly, we should strengthen the administrative mediation system of civil disputes with civil litigation, realize the reasonable docking with civil dispute administrative mediation and People's mediation; Finally, we should perfect civil disputes conciliation administrative responsibility system, establish a civil dispute administrative mediation performance rewards system and a supervisory system of judicial review to construct the system of administrative mediation mechanism to ensure operation.
Keywords/Search Tags:Civil disputes, Administrative mediation, To resolve the disputes
PDF Full Text Request
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