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Construct The Limits Of Justice And The Dispute Settlement Mechanism

Posted on:2008-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:G W ZhaoFull Text:PDF
GTID:2206360215954243Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the advancement of legal system modernization, people place increasing expectations toward judicature, which reflects the progress of society. However, unpractical expectations towards judicature have resulted in operational difficulties, which led to the real dilemma of the dispute resolution system. To attack the difficulties above, two aspects of matter should be considered. The one is to understand the limitation of judicature rationally and form reasonable expectations towards it; the other is to construct pluralized dispute resolution system. Although Judicature is an important way to dispute resolution, it is not a panacea for whatever kind of dispute. Alternative dispute resolution has unique advantage and plays an important role for dispute resolution. In modern society ruled by law, the pluralized dispute resolution system can accommodate the needs of varieties of clients and minimize the limitation of judicature malpractice. Therefore, in the course of establishing modern state ruled by law, pluralized dispute resolution mechanism is a positive response to dispute resolution and building harmonious society.
Keywords/Search Tags:limitations of judicature, Alternative dispute resolution, Pluralized dispute resolution
PDF Full Text Request
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