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Perfection And Development Of People’s Mediation System

Posted on:2015-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:C M LinFull Text:PDF
GTID:2296330431957007Subject:Law
Abstract/Summary:PDF Full Text Request
People intermediation system is a system that means to be established by law of under the auspices of people intermediation committee, national policy and social morality as the basis to advise, analyze, and flexible way to divert and education initiative to mobilize the main dispute, to resolve civil disputes of a dispute settlement mechanism. For a long time people’s mediation system fully reflects the non-litigious dispute resolution mechanism institutional strengths, is widely used to resolve disputes among the acts to maintain social stability and unity of the "first line of defense", but was hailed as Western scholars of the judicial system "Oriental flower."In recently years,along with the reform open of our country gradually deeping and the socialist market economy continuously developing, the social conditions and economic conditions about which the people intermediation system relies have changed, thus causes the people intermediation system shrinking. At the same time, people’s mediation to resolve their disputes weakening, in turn, increases the masses of the people’s mediation system distrust, making tends to be more marginalized. Nature and social status of people’s mediation system has been questioned, the development into a bottleneck period. What is more important, ADR system in Western countries is rampant, academic research deepening, but also for countries to provide a smooth channel to resolve the dispute. In the whole of society committed to achieve the great rejuvenation of the Chinese dream of social background, it is necessary to compare the United States learn from the advanced experience of ADR systems, improve and develop the people’s mediation system, mining factors which draw reasonable system, and effectively protect the people’s interests, resolve civil disputes, to provide institutional support to improve the socialist legal system.This paper uses literature analysis, comparative analysis, methods of analysis, historical analysis, etc., from law and sociology to analyze different aspects of people’s mediation system. Firstly, I collected a lot of books in the monograph literature on people’s mediation system and ADR system for people’s mediation system and ADR system conceptual definition and characteristics of discrimination, so that readers first have to understand its a whole system. Secondly, people’s mediation system is accompanied by social progress and evolving, so this combined with the background of social change people’s mediation system for the status quo and problems of development carried objective representation, which is why we propose to improve and develop the people’s mediation system premise. Again, both inside and outside to explore the reasons for the current difficulties faced by the people’s mediation system, in order to prescribe the right medicine, for the following proposed concrete, feasible, targeted initiatives to improve the foundation. Finally, from two aspects of strategic direction and specific path, based on our outstanding legal and cultural traditions, and fully tap our local resources, learn from the advanced experience of comparing ADR system in the United States put forward some constructive suggestions for the improvement and development of the people’s mediation system.
Keywords/Search Tags:People’s Mediation, ADR, Judicial supervision procedure
PDF Full Text Request
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