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The Fading Of People's Mediation System

Posted on:2009-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z ZhangFull Text:PDF
GTID:2166360242490953Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Mediation System is an old but new dispute-solution system in China. It concerns long-standing legal tradition and deep culture connotation .it is said that Mediation System is a legal institution with Chinese characteristics.Mediation System in People's Republic of China is called People's Mediation System ,which was found in 50th years 20 century. Many western scholars named it as "Mediation System of Chairman Mao's period" .It was prosperous at that time and popularized widely in civil cases .While, People's Mediation System has been fading in transition society these years .Maybe ,it was impacted by lawsuit ,or, it was restricted by its shortcoming. It's ture that People's Mediation System has developed very lowly from 80th-90th years last century, although the government has taken a series of measures to uphold People's Mediation System . Comparing with civil cases in court, the amount of civil dispute solved by mediation has been declining ,or People's Mediation System has been fading . It's seems that People's Mediation System has lost its prosperity and has been fading gradually.So , on the foundation of analysis ,to realize the value and condition of People's Mediation System ,to think over the reasons of People's Mediation System's fading is of great significance to the legislative process and the judicial practice. Moreover, how we should look at People's Mediation System's fading related to our reorganization and reformation to it in the future , so that, the ancient and special institution can adapt to the transitional society very well and melt together to the worldwide trend of the ADR.Disputes resolution is achieved with the attendance of polynary authorities and the category of ways including trial and mediation . It is not practical and rational to excessively emphasize the function of national justice or to compulsively carry out popularization of trail. People's Mediation System had made a great contribution to the harmonization of society. So , today when we still emphasis the harmonious society, it is necessary for us to use the dispute-solution system for reference to meet the requirements of the times.
Keywords/Search Tags:Mediation, People's Mediation System, Fading, Trend
PDF Full Text Request
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