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Elaboration For Improving And Reforming The People's Mediation System

Posted on:2009-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z M TanFull Text:PDF
GTID:2166360242470183Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
The people mediation system is one of Chinese specific alternative dispute resolutions, which is known as an "oriental flower "in judiciary. The people mediation solves the dispute in a short time at a low expense and fully serves the function of main body of being a litigant in the solution process to obtain a satisfactory result. However, because the working mechanism is unreasonable, the mediator is unqualified, the mediation method is obsolete, the agreement of the mediation is inetficiency and the people mediation committee lacks the direction for the people court, the people mediation becomes decline. On the other hand, the alternative dispute resolution of foreign countries is vigorously developing. Function and value is being recognized by people. This provides us a new perspective to reconsider the people mediation. We find that the law idea of "Post litigation era", the functional disorder of the civil procedure, the traditional mediation culture, and the classified theory of the civil dispute lay the foundation of the theory for redesigning the people mediation system. The realistic request of the dispute resolution and the inherent law of the judiciary reform lay the foundation of reality for redesigning the people mediation system. Under the nongovernmental and autonomic idea, to redesign the people mediation system and strengthen the standardization of the people mediation, we should perform from the following aspects: standardization and completion of the mediation organization; procedure of the mediation process; normalization of the mediator; in order to let the people mediation system rebound.
Keywords/Search Tags:The people mediation system, Diversity of dispute solution, mechanism Reform and Consummation
PDF Full Text Request
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