Font Size: a A A

Studies Of Court Conciliation System

Posted on:2012-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:P C MiFull Text:PDF
GTID:2216330368498975Subject:Political Theory
Abstract/Summary:PDF Full Text Request
Contradiction and dispute comes along with the development of society, as the society is developing in contradiction, however if we don't control the contradiction and allow its development, the social order will be affected. The most basic value for the society's exist and development order is order. Nowadays, our society confront so many challenges of solving contradiction and dispute, especially our country is in a period of high-speed economy development and social transformation, so, civil cases is increasing rapidlly. Tn order to resolve the disputes and different matters, the right settlement procedures is in need. There are two major channels through judicial power to deal with the trouble, one is trial, the other is mediation. The final value of trial is the settlement of disputes with a minimum and the fatal baseline of the law. However, the law is not everywhere, especially in the period of rapid economic development and social transition, the law is always behind of the social life. In the critical areas of an alternation, mediation is advantage in flexible and plays an important role in our society. In China, the system of court mediation has last for long, which is also a feature of the judicial practice in China and plays an important role. In part one, this article talks about the basic principle and the history of court mediation In part two, the system of court mediation plays a great role in the society and is very useful to the society's harmonious, we can see its disadvantge though this system is not so well. Tn order to resolve the disputes and different matters,.the right settlement procedures is in need. There are two major channels through judicial power to deal with the trouble, one is trial, the other is mediation. The final value of trial is the settlement of disputes with a minimum and the fatal baseline of the law. However, the law is not everywhere, especially in the period of rapid economic development and social transition, the law is always behind of the social life. In the critical areas of an alternation, mediation is advantage in flexible and plays an important role in our society. In part three, it reached a settlement of disputes on the basis of voluntary negotiations, and also help to solve the parties concerned for the cause of tension relationship, mediation can give the judge an understanding of the dispute at the deep contradictions, and the solution of disputes is easily found. Meanwhile, mediation can effectively prevent the parties to the question of not win or lose, it can save the court of justice and save the cost of the dispute settlement system. In part four, the system of court mediation has now become an effective way of rule of law construction. The effective use of mediation can relieve social contradictions in a large extent and it's useful to build a harmonious society. Court mediation is the buzzword in the field law research.The system of court mediation is not isolated, the development of functions of this judicial system has a close relationship of the judicial system and legal system of mediation. The research on mediation is in the background of diversification dispute settlement system, it can set out the construction of the mediation system in maximizing the system of functional. This point has great significance for the system of mediation and also provided the perfect guide for research direction.
Keywords/Search Tags:court, the period of social change, the system of court mediation, the principle of voluntary in mediation
PDF Full Text Request
Related items