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An Empirical Study Of Guilin Basic People’s Court In Civil Judicial Mediation

Posted on:2016-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2296330464452682Subject:Law
Abstract/Summary:PDF Full Text Request
Judicial mediation in our country for a long time, is one of the important means for the people’s court to resolve conflicts and disputes. While mediation system tortuously developed, But the dominant role of mediation can’t be compared in judicial practice. In recently, with the "giving priority to mediation" judicial policy establishment and the preliminary mediation system written in the civil procedure law, the court mediation receives more and more attention and approval of parties. Because of the grass-roots court accepted the most civil cases, so to explore the specific situation of the grass-roots court civil judicial mediation, analyze the problems that may arise, and propose a solution is particularly important.By analyzing Guilin different level courts and Survey data and interviews obtained discussion from experts, to research and discussion Guilin grassroots courts apply for Civil Justice mediation system related.This paper is divided into an introduction, the body of the first part of the paper to the fourth part, and conclusion.Introduction part including the background and purpose of this study, the main research scholars reviewed research methods used and judicial mediation system.The first part of paper introduces the concept of the development path of civil justice mediation, principles and history. The main includes Judicial mediation and civil judicial mediation, Summarizing four key principles of civil judicial mediation from law article, carding the historical development of the civil justice mediation path and focusing on the judicial policy changes related mediation system after 2003.The second part of paper is important. I Investigated three lower courts about mediation in civil cases concerning the withdrawal rate between 2011 to 2014 years, mediation withdrawal rate for each specific type of case, the specific circumstances of the case in advance of mediation and other justice data for a detailed comparative analysis, Stocktaking summed Guilin grassroots civil justice court mediation, the achievements and the problems exposed.The third part of paper analyses the deep-seated reasons of problems grassroots courts apply judicial mediation system. Main reason includes the current judicial system, realistic conditions, the court and the parties, which restricted the conduct of mediation.The forth part of paper includes putting forward suggests on problems of Guilin grassroots courts in civil judicial mediation. In order to solve the problems, the government need mediation evaluation mechanism for every courts and increase motivation of court mediation.Epilogue is the summary of the article. The empirical research formed the basis of the views and conclusions, I hope which cloud Guilin grassroots courts of developing aid mediation system.
Keywords/Search Tags:Grassroots courts, Civil Justice Mediation, Empirical Research
PDF Full Text Request
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