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Study On The Civil Court Attached To The Alternative Dispute Resolution Mechanism Construction In China

Posted on:2014-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2256330401461691Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China is in the period of rapid economic development, is also the time of obviouscontradiction. Social contradictions type complex, need through the has strictprocedure of solving disputes litigation, but procedure consume large amounts ofjudicial resources, time-consuming, low efficiency of drawbacks highlight. In recentyears, scholars have alternative dispute resolution mechanism research more and more,but specific to court with mechanism of less discussed. This article through studies theUnited States courts for alternative dispute resolution mechanism operation,experience, put forward the construction of our country of the present situation of thecourt for judicial ADR system attached.This paper first science the court for alternative dispute resolution mechanism ofthe basic theory, including court for alternative dispute resolution mechanism of themeaning, characteristics, nature and value. Clear court attached civil alternativedispute resolution mechanism is the basic theory for our country to carry out therelated theory research premise condition. Secondly, according to the multiple disputeresolution mechanism in the field the most perfect the United States as the researchobject, the United States courts are introduced in detail with civil alternative disputeresolution mechanism system and operation mode, on the basis of the brief overviewon our current judicial status of enlightenment. In the end of the paper, the detailedstudy of the American court attached civil alternative dispute resolution mechanism inChina, based on the clear definition of court mediation, court for arbitration and courtattached with neutral evaluation mechanism aspects of system construction, the legalposition, scope, personnel selection and effectiveness were ascertained on concreteproposals. Only in the system, idea and practice, many efforts to construct ourcountry’s judicial ADR system.
Keywords/Search Tags:Attached to the Court of Alternative Dispute Resolution Mechanism, Dispute Resolution, Mediation Arbitration, Neutral Evaluation
PDF Full Text Request
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