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Study On Dispute Mediation Of Civil And Commercial Affairs

Posted on:2009-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:J L GuoFull Text:PDF
GTID:2166360272465024Subject:Law
Abstract/Summary:PDF Full Text Request
How should judicature realize justice and high efficiency? How should courts get out of the present suit dilemma? These are problems that must be tackled by our judicature industry. This essay addresses the necessity of setting up intermediation centers by courts on civil and commercial disputes; it also demonstrates the feasibility of setting up such intermediation centers from the following 4 aspects covering traditional law culture, righteousness of compromises, the function of dispute settlement and the goal to achieve a harmonious society. Based on the value analysis of justice, freedom, efficiency and economy, this essay discusses the basis of dispute settlement rules of intermediation centers -justice and designs the rules for the organizational structure and operational procedures of dispute intermediation centers, at the end of the essay, principles and benchmarks for dispute intermediation are also put forward.This essay also makes some improvement on the principles for dispute intermediation. Namely, change the traditional intermediation principles of investigating the facts and clarifying the justice into investigating the facts and listening to arguments. What's more, it gives clear definitions to the types of disputes applicable to intermediation. The conclusion of this essay is, in order to cope with the present suit crisis, intermediation centers should be set up in courts to handle both civil and commercial disputes.
Keywords/Search Tags:intermediation centers for civil and commercial disputes settlement in courts, construct, study
PDF Full Text Request
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