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Civil Procedure Reconciliation System

Posted on:2009-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:M WangFull Text:PDF
GTID:2206360245975934Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Litigation settlement system is a modern market economy under the conditions of an important civil system, with the mediation and trial comparison, it can best embody the main market economy "autonomy" and can promptly and thoroughly resolve disputes, and thus have attracted many of the world's countries, especially countries favor a market economy. However, China's legal settlement on the reaction is relatively slow, the existing civil law only a matter of principle, the legislation does not lead to a sound legal settlement many drawbacks in practice. On the one hand, the absence of legislation on its own development very difficult, but on the other hand in case the mediation is exacerbated by its absorption of non-independence. Therefore, how to improve the system is a legal settlement of the issue can not wait.The full text is divided into four parts: First, the settlement system introduced the basic theory, including the meaning of reconciliation proceedings, characteristics, nature, the elements, as well as litigation related to the concept of reconciliation and comparison followed by horizontal, vertical comparative study of 2 Data legal settlement of the similarities and differences in the system, as China is trying to reform in the system of legal settlement to provide reference again through history and the method of combining modern, and exploring the Chinese legal system development path of reconciliation, reconciliation and litigation proceedings that essentially the same in mediation conclusions, and further in-depth analysis of China's current legal system is the issue of reconciliation, as well as the reasons for this last attempt to combine theory and practical methods, put forward their own ideas - China civil settlement system must be perfect at the "two-step "namely: the first step in cases ordinary legal settlement, in cases of special litigation mediation, to achieve reconciliation classification of the proceedings, absorption in the second step of supporting sound system on the basis of achieving reconciliation replaced by litigation conciliation proceedings with a view to ultimately v. formed before mediation, litigation settlement, the coexistence of diverse trial dispute settlement mechanism.
Keywords/Search Tags:Legal settlement, Consensual parties, Mediation, Reform Path
PDF Full Text Request
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