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Construct The Pre-litigation Mediation System In Our Country

Posted on:2016-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:J YuFull Text:PDF
GTID:2296330482454973Subject:Law
Abstract/Summary:PDF Full Text Request
In order to resolve the disputes in the maximum extent is the core concept of the pre-litigation mediation system.Such a mediation system can not only solve the pressure of the court’s handling of the case, do not let the judicial resources for no reason; And on the basis of the meaning of the parties said resolve disputes and avoid the contradiction between the two sides at daggers drawn, and safeguarding the interests of the parties, and promote social stability and harmony.For the people’s court, its main job is to resolve disputes, resolve the contradiction between the parties, the maximum increase in harmonious factor, reduce the factors of disharmony, and then make the parties convinced the judgment,so that social stability and orderly state, in order to achieve harmony between people and people and social harmony. Relying on the construction of harmonious society in the effective implementation of the good functioning of the administration of justice and law, it can reduce the conflicts and disputes and calm the contradictions among the people. At present, the society of high speed development presents many kinds of contradictions, which need to be adapted to the dispute solved system, the pre-litigation mediation system is one of them. The pre-litigation mediation system absorb and draw on the advanced legal thoughts of other countries in the world, which is a combination of our country’s social situation and quick and convenient solution to resolve disputes, and effectively promote the construction of socialist harmonious society. The fast and harmonious system of the pre-litigation mediation system has great promotion to the progress of our country at present. In the current situation of the construction of a harmonious society in the middle of the Party Central Committee, the construction of a sound system of the pre-litigation mediation system is necessary to resolve the current contradictions.In this article, the author will be divided into five parts:In the first part, a brief introduction is made to the pre-litigation mediation system in the introduction, explain the core of the system of the pre-litigation mediation system is "the case is excluded from the action", the reasons and 0significance of the court and people’s choice of this system, the importance of the pre-litigation mediation system.In the second part, it is an overview of the pre-litigation mediation system. Analysis of the concept of the pre-litigation mediation system, the significance of the pre-litigation mediation system and the development prospects of the pre-litigation mediation system in China. At the present stage of China, to discuss the concept of the pre-litigation mediation system, the significance of the existence of this system is described in detail.In the third part, it is about the existing legal system of the pre-litigation mediation system and the defects of the legislation of the system. The pre-litigation mediation system is lack of the provisions and relevant judicial interpretations, which limits the development of this system. Feasibility analysis of the current situation of the pre-litigation mediation system, discuss the advantages and disadvantages of the pre-litigation mediation system.In the fourth part, the author mainly analyzes the problems in the process of judicial practice in the pre-litigation mediation system. The mediation system to resolve the dispute mechanism is not perfect; other departments need to strengthen mutual relations with each other; the position of the mediation system is not clear. Described the three major issues, have to find a solution.In the fifth part, it is about the assumption of the pre-litigation mediation system in the judicial practice, is also the author of the development of the system of hope. Through the specific description of the pre-litigation mediation system has become more diversified, improve the convergence of litigation the internal court, actively interact with other organizations,further construction of the pre-litigation mediation system, let the work carried out more orderly, more smoothly.
Keywords/Search Tags:The Pre-litigation Mediation System, Resolve Contradictions, Social Development, Harmonious Society
PDF Full Text Request
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