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The Research Of Contemporary Mediation System In China

Posted on:2012-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:L CaiFull Text:PDF
GTID:2216330338462730Subject:Law
Abstract/Summary:PDF Full Text Request
The contradictions and conflicts have been existing all the time since the human society emerged.To solve these problems and maintain order,people at different times have made appropriate policies and regulations.The court mediation is one of them.The court mediation system which belongs to the court system uses a relatively harmonious means to resolve the issues.The real source of the court mediation system is the famous"Ma Xiwu Trial"which happened in the later period of the War of Resistence Against Japan in Ning Xia Border Region.It was the first time that the trial had broke through traditional concept and combined trial and mediation judicial system and mediation among the masses,so that it could put mediation into the judicial system,and then the court mediation system was established.The court mediation system in China has been playing an important role in diffreent degrees to individual,collective and even the whole country,it is internationally praised as "Oriental Experience".The purpose of setting up the court mediation system is firstly to serve the masses well,promote harmony between people,prevent the further intensification of conflicts,solve the dispute with a more harmonious means and provide a platform to deal with conflicts for people.Secondly,the court mediation has reduced the pressure on the proceedings appropritely.In recent years,a variety of cases are followed by the improving of people's legal awareness,the faster and faster developing of ecnomic and the court carrys increasing pressure of judging,so the court mediation lessened the pressure of proceedings appropritely.Finally,to see it in every respect,it's necessary that the establishment of the court mediation be proposed to maintain harmonious society of this great social enviroment.The court mediation does pkay an important role in practice,but with the application of the court mediation it also exposed some problems,such as"using judgement to restrain mediation","mediating for a long time and not to judge".In order to do something good to the development and improvement of the court mediation,the author,according to practice,has proposed some reform and ideas through the weakness which exists in the court mediation.
Keywords/Search Tags:mediation, resolve disputes, trial
PDF Full Text Request
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