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Study On The Problems And Countermeasures Of The Diversified Mechanism Of Dispute Resolution In China

Posted on:2011-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:C N LiFull Text:PDF
GTID:2166360308984960Subject:Administrative Management
Abstract/Summary:PDF Full Text Request
With the rapid development of economy in China, subjects of interest began to differentiate and re-integrate and the gap between the rich and the poor is expanding continuously, juridical authorities are enduring tremendous pressure on resolving disputes while the number of social disputes is increasing. Complying with requirements of the society, the Communist Party of China proposed a great goal to build a Socialist Harmonious Society in the Party's Sixth Conference of the Sixteenth Session, in order to alleviate social contradictory state with a lot of enthusiasm. People's Supreme Court issued three five-year reform frameworks consecutively to improve the level of judicial function of resolving disputes; Judiciary, academia, and other areas of society cooperated together to explore the approaches, in many ways, to build the diversified resolution mechanism of dispute, and the successful experiences of foreign alternative dispute resolution mechanism provide perfect references for China.Through literature review, comparative analysis, case analysis and reasoning and proving, this paper found out six deficiencies of the Diversified Dispute Resolution Mechanism in judicial idea, legislation, effect, system, allocation of resource and coordination of mechanism, and then put forward six corresponding solving strategies; especially, the paper creatively put forward a stylized countermeasure in the connection between the mechanism of litigation and the Alternative Dispute Resolution; all the studies above have referential value for studies on the Diversified Dispute Resolution Mechanism in China; meanwhile, they also have positive and practical significance, to some degree, for building a harmonious society with"democracy and nomocracy, equality and justice, integrity and friendliness, vitality, stability and order, harmony between man and nature".
Keywords/Search Tags:the Diversified Resolution Mechanism of Dispute, the Alternative Dispute Resolution, Deficiency, Countermeasure
PDF Full Text Request
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