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Research On The System Of People's Mediation

Posted on:2011-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:J XiaFull Text:PDF
GTID:2166360308953814Subject:Law
Abstract/Summary:PDF Full Text Request
People's mediation system is a system,which means to be established by law of under the presiding of people intermediation committee,with nation of laws,regulations,policies and social ethics as bases,passes to carry on mediating,persuading the parties of civil disputes,and urges them at the foundation of equal consultations and mutual understanding to reach agreements,thus solves the disputes.People's mediation system as a distinctive national characteristics of China's dispute settlement system plays an important role in the settlement of civil disputes, maintaining social stability. But the People's Mediation System had declined since the mid-90's of the 20th .In building a socialist harmonious society, how to make a renewed vitality of people's mediation systemnd is an important subject before us .Therefore re-examining the People's Mediation System, and on this basis, proposaling for a solution become very necessary.This paper introduces an overview of people's mediation system, starting from the definition of people's mediation, researching into the characteristics and nature of people's mediation, and analyzes the social function of people's mediation,on the basis it points out the economic base, political and cultural foundation base of existence and development of people's mediation;.Secondly,by people's mediation in the history of investigation and analysis,we can see the development of market economy, the concept of one-sided legal advocacy and social change have an impact on people's mediation role played by social factors,at the same time,people's mediation system has its own specific problems limited the people's mediation role, including limiting the scope of the people's mediation,the quality of people's mediators generally not high, the shortage of funding people's mediation work, lack of legal effect of the mediation agreement and court guidance; At last,this paper proposes specific measures to improve the people's mediation system , in the new historical period, People's Mediation System inherits and carrys forward the traditional culture,is the construction of the proper meaning of rule of law, meest the development trend of China's democratic reforms,lines with the international alternative dispute resolution mechanisms trend. In building a socialist harmonious society People's Mediation System has important practical significance.
Keywords/Search Tags:system of people's mediation, alternative dispute resolution, agreement of people's mediation
PDF Full Text Request
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