Font Size: a A A

The Research Of Big Mediation

Posted on:2011-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y L GuFull Text:PDF
GTID:2236330368977149Subject:Law
Abstract/Summary:PDF Full Text Request
"Big mediation"---- the characteristics of dispute resolution models, has its background of internal and external reality. China’s social transition is prominent social conflicts。In the period, contradictions are more complicated and Group-Events occurs frequently, with scale expanding. Particularly when the public policy or government decision infracts the interests of the citizens,there will be more and more conflicts and much intense. As a result our Court and Petition Institution face tremendous pressure, which arising from the blowout-status Complaint letters and visits, group visits of cases.these often lead to social disharmony, even volatile, threatening the government security. However building community is the main theme now, and the social stability is a colossal task. To this end, the scholars and practitioners from their respective fields are searching for a solution to social conflicts and disputes in the best way to achieve harmony and stability purposes. Under the influence of ADR, litigation dispute resolution mechanism outside become a hot topic in legal circles. To build a harmonious and reduce pressure on the context of litigation, the "big mediation" came into being all over the country. As China’s current dispute resolution model, ’’big mediation" does have its positive role in reality, but in fact it is a product of judicial authority credibility loss. Although the "Big mediation" is for the harmony purpose, but the rule of law is the highest level of social harmony. So in actual operation, "big Mediation" is the interference of the Judiciary. Therefore, the author’s primary line under the administration of justice more than ten years of experience accumulated and combined with our existing set of institutions and laws and regulations. From the "big mediation" background, analyzes the reasons of social conflicts and disputes---- dispose of order (law) behavior from the source to create disputes; law enforcement lax enforcement has led to social instability; scattered on the legislative system (standard on dispute resolution in the interests of the non-uniform and red tape) and court proceedings caused by its own pressure on literacy issues and judicial authority loss. To research the abolition of the "big mediation"; proposed to avoid disputes and reduce litigation pressure generated responses, in harmonious, while re-establish the authority of the judiciary.
Keywords/Search Tags:big mediation, background, reasons disputes, the path of resolving dispute
PDF Full Text Request
Related items