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A Study On Court's Mediation System And A Way To Perfect

Posted on:2006-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiFull Text:PDF
GTID:2166360155475220Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our national trail tradition, court's mediation plays an important role and exerts active function of resolving civil case. So it's called "the east experience"by foreign scholars. But with the society and economic development, and the import and the establishment of the idea of just procedure, people not only suspect our national traditional mold of court's mediation combined with trail, but also suspect the value of court's mediation. However, the reform of civil judicatory further, in resolving civil case, court's mediation can't play its role more properly, which causes more and more scholars, at home and abroad, catch eyes on it. Some scholars in our country analyze court's meditation thoroughly. They put forward three kinds of ideas. The first one is to reform it, they insist on separating mediation from judgment. The second one is to limit its role, and to practice mediation before trail only. The last one is to abandon court's mediation, and to replace it by conciliation of litigation. In order to solve the problems of court's mediation, the Supreme Court draft a document of civil judicial interpret about "some problems in the work of court's mediation."That document can solve some problems in a degree. But it can't do away the problems completely. On the basis of our national condition, the author analyzes the legal theory of court's mediation, and draws a conclusion that court's mediation has many characteristics. By reviewing the traditional history of court's mediation, the author takes on a thorough analysis of its present condition. At last, the author finds out that court's mediation can't play proper role mainly result from the following two reasons. One is the scholars in our country draw wrong conclusions in its theories area. The other is that there are many mistakes in litigation about court's mediation. The author analyzes the mistakes in both theories area and law making area. Base on what has been discussed above, the author draws a conclusion that perfection of court's mediation system in our country must found right ideas and theories. The author thinks that "justice for people"and construction of "socialist harmonious society"are the best ideas of mediation. In theory, the author believes that the main problems are to clarify the difference between mediation in court and mediation out of court, to define the mature of court's mediation rightly, and to emphasize its value again. In practice, the author insists on separating mediation from judgment, establishing its independent procedure, defining its own principle afresh, and perfecting delivering system to make sure the effect of the agreement of court's mediation, giving practical advice on the transition of civil system and perfection of civil law.
Keywords/Search Tags:court's mediation, justice for people, separate mediation from judgment, delivery system
PDF Full Text Request
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