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A Study On The Mediation Of Civil Retrial

Posted on:2016-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q L LvFull Text:PDF
GTID:2206330464455855Subject:Law
Abstract/Summary:
Mediation is a unique characteristic of the Civil Procedure Act, as a kind of existing form important to resolve civil disputes, have played an irreplaceable role in resolving social contradictions, maintaining social harmony and stability, promoting economic development. The current civil procedure law of our country to establish the pre litigation mediation and court mediation system before, that mediation plays an extremely important role in judicial practice. The expansion of the scope of mediation, followed by increased mediation, play the role of mediation principle is worthy of recognition and advocate. The newly confirmed cases and people’s mediation mediation agreement procedure law closely linked together, two coordination, cooperate closely. The establishment of mediation system before litigation mediation and court before, its starting point is to give full play to the role of mediation, the mediation and the lawsuit mechanism to improve the convergence of the. Mediation as a system exists, mediation is conducive to timely solve the case, is conducive to resolving contradictions, more conducive to social harmony and stability, but it must be to mediation voluntary, lawful and effective, no case flaw premise. Any system may not be the pink of perfection, there is a corresponding issues inevitably The mediation system in play at the same time, there are many mediation cases caused problems are inevitable. Too much emphasis on the rate of mediation in the judicial practice, some judges ignored the case quality, which leads to many problems cannot be solved effectively, resulting in the parties for mediation book retrial cases have occurred from time to time. Research in this paper on the civil retrial mediation cases, the first is through the concept of civil retrial procedure, the laws and regulations of our country on the civil retrial of the status quo, secondly, in the light of the main problems which exist in the analysis, finally, put forward the corresponding and operational s o l u t i o n s t o t h e s e p r o b l e m s o n t h e b a s i s o f t h e a b o v e a n a l y s i s.
Keywords/Search Tags:Civil Litigation, Civil Retrial Procedure, Mediation
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