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Empirical Analysis Of Civil Mediation System

Posted on:2009-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2206360272489091Subject:Law
Abstract/Summary:PDF Full Text Request
Proceeding mediation system is a basic proceeding system established in China's civil procedural law, and plays an important role in dissolving civil controversy and building harmonious interpersonal relationship for a long time. It was once called "oriental experience" and praised by foreign scholars. However, since the regulations of proceeding mediation system in civil procedural law are too rough and abstract, and lack specific procedural regulations and system designs, proceeding mediation becomes an extension of judge's jurisdiction in judicial practice leading to many problems and many criticisms.This thesis profoundly discusses a typical mediation case and doubts about an apparent "satisfactory" mediation result in the perspective of a judge in primary court. Then, the author analyzes the value and function of proceeding mediation system, demonstrates its value by using a large number of cases, indicates some problems of this system existing in the judicial practice, and explores the causation of the problems. By analyzing the pros and cons above, the author raises her view that "combined mediation and trial " model of proceeding mediation shall exist for a long time and different defects can be efficiently overcome in current proceeding mediation system by specifying adversary system. Furthermore, the author introduces proceeding mediation reform measures and effective results ongoing in district courts. In the end, the author integrates reform measures and effective results, and proposes appropriate separated mediation and trial system on the basis of "combined mediation and trial", including mediation before trial and commission mediation. And the author proposes to reconstruct proceeding mediation system by the measures of building mandatory procedural mediation before trial, improving mediation defects relief system and enlarging the parties' mediation interests.
Keywords/Search Tags:Proceeding mediation, Mandatory procedural mediation, Commission mediation
PDF Full Text Request
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