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Study Of The Judicial Confirmation Procedure Of The Agreement Of People's Mediation

Posted on:2018-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:H J MengFull Text:PDF
GTID:2336330515455370Subject:Law
Abstract/Summary:PDF Full Text Request
With the issue of the Law of People's Mediation,the Civil Procedure Law(Amendment),and the Interpretation of the Civil Procedure Law,the judicial confirmation procedure of the agreement of people's mediation appears in the view with a brand new look.As a system that jointing civil mediation with litigation,the judicial confirmation procedure of the agreement of people's mediation has definitely become one of the sparkles of judicial reform.The procedure effectively makes up the deficiency that people's mediation is lack of coercive force,makes the parties litigate conveniently,and lessens the pressure for the courts to handle cases.Hence,the establishment of the procedure not only conforms to the tendency for multiple dispute settlement mechanism,but also embodies the steady progress of harmonious society.However,this procedure displays its own deficiencies while it settles disputes in multiple ways.Its improvement should start from improving the procedure itself in addition to the promotion of relevant supporting measures.The optimization of the procedure can be realized by endowing one party with the right to apply for,regulating the details of the judicial confirmation procedure,improving remedy system and the people's mediation organizations,etc.The improvement of the procedure also needs relevant supporting measures,such as improving the people's mediation system,the system of performance evaluation inside the court,and the social credit information system.Thus,the judicial confirmation system of the agreement of people's mediation can be completely reformed under the background of judicial system reform.
Keywords/Search Tags:Agreement of people's mediation, procedure of judicial confirmation, people's mediation organization, abutment of litigation and mediation, multiple dispute settlement mechanism
PDF Full Text Request
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