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Researching On The Theory And Practice About "the Connection Of Litigation And Mediation" In Our Country

Posted on:2008-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:N Z LiFull Text:PDF
GTID:2166360245490641Subject:Procedural Law
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Just as the name implies, the so - called "the connection of litigation and mediation "is that we can combine the court litigation (civil litigation) with people's mediation organically. And currently, this is a new kind of forms about disputes settled in our country's judicial reform. Just with the transformation of the society , the disputes have multiplied sharply and have appeared the trend of group turns, miscellaneous turns and technique turns. However, the traditional people's mediation system can't adapt to the demand in the new situation and has shriveled day by day. So the whole society presents a trend that we can convert the disputes into litigation. But the fulfillment have testified that litigation is not universal, it is just one kind of disputes settlement mechanism in the whole society, even if it is the most important one and the final one. Consequently,"the connection of litigation and mediation"as a new form of disputes settlement system arises at the historic moment in order to meet the need of the social development.The emergence of "the connection of litigation and mediation" has the reasonableness of its reality. Firstly , it is the needs for self-development of the people's mediation system in the social transition period. Secondly , it is the way to solve the difficulties in the trial .Thirdly, it is the inherent of conflict needs and the main choice. Lastly, it is the significant measures to build the socialist harmonious society . With the implementation of "the connection of litigation and mediation", Arguments have arisen from the following questions in the academics .First, whether the impact of the independent People's Court trial; second, it is in the implementation of the existence of legal obstacles, and whether existing laws in conflict , the correct answers for these questions directly affect "the connection of litigation and mediation" reality vitality. "The connection of litigation and mediation" has the two major forms in our country : One is the a government-led of "the connection of litigation and mediation", and the other is the court-led of "the connection of litigation and mediation", these new forms would necessarily be bound to have significant and far-reaching impact for building of a harmonious society.
Keywords/Search Tags:The transformation of the society, Civil disputes, The connection of the litigation and mediation, The settlement mechanism
PDF Full Text Request
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