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Conciliation Commission Analysis

Posted on:2011-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q ZuFull Text:PDF
GTID:2166360332955387Subject:Law
Abstract/Summary:PDF Full Text Request
China is the adoption of modern countries in the birthplace of the various mediation system and the cradle of China's mediation system for its rich cultural connotation and the rule of law state, for a variety of non-litigious dispute resolution methods including mediation system, a modern source of inspiration. In the context of building a harmonious society, entrusted Mediation is a diversified structure of China's court dispute settlement mechanisms and the creation of a new conciliation, the conciliation commission to expand the civilian judicial extension, making the exercise of judicial functions to become flexible and colorful,as a useful model for exploration, this paper discusses from a practical point of view of the emerging mediation model.Litigation, mediation are important ways to solve social conflicts in recent years, China's mediation system was highly praised and repeated in the experience, the usher in a wave of revival of the wave, in the new situation, how to step up action in accordance with law and the interface between people's mediation and co-ordination, so that the people's mediation in the settlement of social conflicts and disputes play a greater role, local courts have made useful attempts of reform and experimentation. Shanghai and Jiangsu Province is entrusted to do a better job mediation the two areas, in which Shanghai's Changning District People's Court of Pudong New Area People's Court and the city of Suzhou, Jiangsu Province, Wuzhong District People's Court is to entrust the work done as early as mediation and achieved some success in the courts. Today, China's civil litigation practice has shown that to the courts to mediate the typical form of ADR, whether the judicial sector and judicial practice in the theoretical level was recognized.Mediation is commissioned to build the courts of a wide range of dispute settlement mechanisms and the creation of a new mediation. Mediation of the reform of the current court system has a huge legal value and practical significance. First of all,this article on China's mediation system to sort out the origin and development and review, and the current Court's mediation system to analyze the strengths and limitations;Second, the commission is exploring mediation as a mode of operation for several years a brief introduction of what is entrusted to mediation, which exist in the implementation of the advanced concepts and limitations at home and abroad with similar non-litigation dispute resolution in the way the court system attached to ADR compared with reference to its successful model or idea; again, right the implementation of the courts to mediate the necessity and feasibility analysis, how to implement an effective interface with the proceedings put forward ideas on the current commission urgent mediation to resolve the legal concepts and explore the background of social justice reform; Finally, the choice of the conciliation commission to establish procedural models and how to strengthen the mediation proceedings and commissioned the question of convergence ideas.
Keywords/Search Tags:court mediation, non-legal dispute resolution mechanism, entrust mediation, perfect entrust mediation
PDF Full Text Request
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