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The Court Mediation System In Our Country And Perfect The Research

Posted on:2018-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:P P ZhangFull Text:PDF
GTID:2336330539485275Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a method of dispute resolution,mediation has a long history of thousands of years in China,and deep culture foundation,with advantages in low cost,high efficiency and complete dispute settlement,etc.,and court mediation is an important part of litigation system in China,which is successfully summarized from judicial practice for many years,and although it is a measure dated from old times,it continuously enriches,innovates and endows new meanings,ever known as an "oriental experience" in the world.But,with development of the society,disputes become complex and more and more difficult,and some problems and defects that are not adjusted to reality expose in court mediation system,and it is worth for us to seriously think about that whether the court mediation system is able to continue to play the role of settling disputes,and protect social fairness and justice,and where the court mediation system will move towards in future.This essay mainly makes a discussion on the court mediation system,with the purpose of finding out problems and solving the problems,in order to promote the court mediation system to be more and more comprehensive and mature,find out its irreplaceability in the alternative dispute resolution,and fully manifest effect of the court mediation on social stability.The essay includes four parts as follows:Part One is to outline the court mediation system.This part mainly specifies concept,nature,principle and function of the court mediation,and analyzes value of the court mediation system,and then briefly introduce history evolution of the court mediation system,and make a research on policies towards mediation in different times.Part Two is to discuss development of the court mediation system.This part firstly exemplifies legislation and related regulations on the court mediation system in China,and then introduces eight existing mediation model as examples,in order to know how various mediation modes run,and what results have been achieved,and what needs to be improved,and then emphasizes that in the current situation,all parties and forces shall be called on to construct “multipartite mediation ”pattern,and build online mediation platform.Part Three is,through discussion on the court mediation in China above,to find out problems that exist in court mediation system in China,mainly putting forward problems from seven aspects,and make analysis on them one by one.Part Four is to put forward suggestions mainly based on the problems in Part Three,with expectation that court mediation system will develop soundly and positively under new situation,and play its positive role in building a socialist harmonious society.
Keywords/Search Tags:court mediation, mediation mode, mediation procedure
PDF Full Text Request
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