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A Study On The Regulation Of False Mediation In Civil

Posted on:2018-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y YaoFull Text:PDF
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"No litigation" as one of China's legal culture to promote the development of the mediation system, In the civil proceedings, In contrast to procedural demands for higher litigation, people are more inclined to mediate less opposites. Mediation has always been a very important position in the civil litigation activities in our country, and it is also a unique dispute resolution mechanism. But in recent years,the civil litigation parties to use the characteristics of the mediation system for illegal activities, false mediation cases increased year by year. This not only caused damage to the interests of others, society, but also against the judicial authority wasted judicial resources, the harm is not to be underestimated. Therefore, how to regulate the behavior of false mediation has become an urgent problem to be solved. This article starts from three aspects to regulate the false mediation.The first part of this article defines the connotation of the regulation of false mediation.Concept is the root of the study of the problem, so the regulation of false mediation from the understanding of the essence of false mediation to start the concept. This part is not just a false mediation, but the false mediation and false litigation, malicious mediation compared to sum up the concept of false mediation, characteristics. Finally, it expounds the theoretical and practical significance of regulating the false mediation under the current civil procedure law. By introducing the concepts and characteristics of false mediation and the significance of fictitious mediation and regulation, we will lay the theoretical foundation for better regulation of false mediation in practice.The second part of this paper mainly expounds the problem of false mediation regulation under the current civil procedure law. False mediation regulation has encountered problems in the legal system and judicial practice. Defects in the application of the law mainly in the civil procedure law has not yet established the principle of the prohibition of abuse of rights, the third party to cancel the application of the conditions are too strict, the mediation system is flawed. The defects in the judicial practice mainly show that the court has low ability to identify false mediation and the supervision of the procuratorate is low. As well as to prevent the disciplinary system is not perfect.The third part of this article on how to regulate false mediation made recommendations.In the clear concept of false mediation characteristics, there are problems, how to solve is the most important. Corresponding to the second part of the problem, this part of the relevant recommendations. The legal system, in the civil procedural law to introduce the principle of prohibition of abuse of rights, improve the third party to withdraw the prosecution,improve the mediation system; in the judicial practice,improve the false mediation prevention system, strengthen the supervision of the prosecution role.
Keywords/Search Tags:False conciliation, The third person revoked the complaint, False litigation
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