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Integration Of The Construction Of Mediation System In China

Posted on:2013-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:X GuoFull Text:PDF
GTID:2246330371979910Subject:Law
Abstract/Summary:PDF Full Text Request
" Integration of mediation system", in all aspects of social participation and carryout mediation work pattern, in the people’s mediation, administrative mediation,judicial mediation" three linkage" basis, by prompting the three means of mediationand the results of interrelated, integrated, more fair and efficient to solve socialcontradictions and disputes in the idea, measures the floorboard, mechanism. Atpresent our country big mediation and linkage mediation work, leadership,comprehensive management supervisor, department cooperation, participation of allparties in the mediation work pattern has been established, the people’s mediation,administrative mediation, judicial mediation between the linkage mediationmechanism also has been established. In view of the specific nature of the disputesoccurring in" concentrated time, centralized locations, centralized mediationmechanism, centralized mediation" centralized integration for mediation; nonconcentrated but suitable for people’s mediation, administrative mediation and judicialmediation in disputes the linkage type integrated mediation; provisions on stagepeople mediation agreement can be used as a contract judicial mediation confirm,gave the enforcement of confirmation type integration of people’s mediation,mediation; uniform provisions concerning the administrative mediation, judicialmediation by the standards, review procedures, discretion standard unified integrationalso began to explore the use of mediation, but still existing coordination is notsmooth, system security is not in place, authority is not unified the defects andproblems; therefore, we must be fully aware of the integration of mediation system isthe integration of social resources to resolve social conflicts inevitably choice, is theChinese characteristic socialism legal system play the superiority of importantexperience, adhere to the socialist political system with Chinese characteristics is thebasic requirements, create good law environment, realize the administrative, judicialand social benign interaction necessary choice, is the innovation of socialmanagement, development Essential rule of the overall effectiveness of thefundamental way, but also in the ideological understanding, branch to cooperate, citizen participation, legal protection and other aspects of a line; to strengthenlegislation, Party committee committee, law enforcement cooperation, broadparticipation of the masses and other methods, to improve the mediation effect,promote the people’s mediation, administrative mediation, judicial mediation." Three"integration of linkage adjustment mechanism, promote the integration of people’scourt cases commissioned the construction of mediation system, advance trafficaccident, labor disputes, disputes between doctors and patients indemnity dispute caseintegration mediation system’s construction, promote the integration of prosecutors inthe construction of mediation system, and promoting social harmony, achieve goodlaw and good governance.This paper is divided into three parts, introduced our country integration ofmediation system status and defects, analysed our country to build the integration ofmediation system the necessity and the feasibility, put forward our country to buildthe integration of mediation system of overall train of thought, basic framework andspecific measures.Chapter one:The first part of the mediation system of our country integrated with thedefinition of the status of the mediation system and defect analysisDefining the mediation system concept, classification and characteristics,analyzes the current integration of mediation system and the shortcomings of thestatus quo, positive integration mediation work achievement, pointed out that theexisting mediation work facing judicial situation and social situation, pointing out thatthe current integration of mediation system blemish and inadequacy, strengthenmediation work appeared, constructing the mediation work pattern, theimplementation of the people’s mediation, administrative mediation, judicialmediation" three linkage", and promote the integration of mediation system, hasimportant practical significance and guiding value.Chapter two:The second part of our country to build the integration of mediation system thenecessity and the feasibility. From the integration of social resources, to execute execute the law and societyis benign and interactive, make up the mediation organization of dispute settlementmechanism of inherent defects, to deepen the administrative enforcement, judicialreform produce integral effect through four aspects, analyzes the necessity ofconstructing the integration of mediation system, embodies the integration of themediation system in the integration of resources to resolve conflicts, and socialinteraction, balance the formal justice and substantive justice and integration of partyautonomy, participating in social management and other aspects of the advantages.From the people’s mediation, administrative mediation, judicial mediationintrinsic properties, ideology, organization and leadership, operational mechanism,practical experience and network construction and other aspects are discussed thefeasibility of constructing the mediation system integration.Chapter three:The third part of our country to build the integration of mediation system of theoverall train of thought and basic framework.Pointed out that the integration of mediation system and building the overall trainof thought, basic framework and specific measures, put forward to should be inperfect legislation, improve the level of construction of mediation, linkage system andParty committee, branch catchs, the people involved in the situation of constructingthe mediation system. Clear compose integration of mediation system should focus onpromoting concentration, linkage, confirm the type, unified wait for four kinds oftypes of implementation and integration of mediation. Put forward the people’smediation, judicial mediation v. integrated system; people’s mediation, administrativemediation, judicial mediation" three linkage" mechanism; entrusted by the people’scourt case integration the construction of mediation system; labor disputes, trafficaccidents, medical damages disputes mediation system in the construction andintegration of prosecutors integrated constructing the mediation system conception.Conclusion:Finally, it is pointed out in the primary stage of socialism today," little court,small government, big society, citizen" social model, look forward to the construction of mediation system will be the integration of different segments of the citizenparticipation in social management and cultivation of democracy and the rule of lawspirit valuable soil.
Keywords/Search Tags:mediation mediation system, integration, linkage mediation, theinnovation of social management
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