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Court Mediation Under The Concept Of Active Judiciary

Posted on:2013-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2246330395976335Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China’s court mediation system have named as the "Oriental wonderful work" which always play an important role in the field of dispute resolution. Any particular behavior should be dominated by a particular concept, the correct idea to regulate and effective action of operation of such a dynamic concept of justice is the guiding philosophy of science court mediation activities. In the field of court mediation initiative has broad applicability, not only in the application of substantive rules, flexible use of intelligence, reason and law to resolve disputes effectively; but also in the mediation program is running in a reasonable agreement that made the draft; and v. tone docking area litigation and mediation of the interaction interface. It is a reasonable, limited dynamic, effective protection of the interests of the weak dynamic, but also a pursuit of freedom, justice and the value of dynamic efficiency. Mediation, the mediation process is flexible, the judges choose which mode depending on the circumstances need to make the best use, as long as the parties to ensure equality and voluntary, not suppress, not to deceive, to maintain fair, equitable principles and ethics, the two parties effective communication can be. Court of Justice under the concept of active mediation, with the appearance of the power of the force will inevitably lead to concerns about the arbitrary administration of justice, we should strengthen the study of mediator conduct, and establishing the culture of traditional Chinese culture, mediation, mediation experience to enhance skills and exchange summary improve the judge’s assessment and reward system.
Keywords/Search Tags:active judiciary, court mediation, mediation, dispute
PDF Full Text Request
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