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On The Docking Mechanism And Perfection Of Civil Litigation In China

Posted on:2018-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:J W SongFull Text:PDF
GTID:2356330518485375Subject:Law
Abstract/Summary:PDF Full Text Request
In our country,people's mediation and litigation are the effective means to solve social disputes,and have an irreplaceable role in the establishment and improvement of diversified dispute settlement mechanism.Our country's people's mediation system,which is called"Oriental experience",has been praised and imitated by many countries.combination of litigation and mediation mechanism will help improve the lawsuit mediation,the diversification of Chinese dispute settlement mechanism,to reduce the pressure of courts,is conducive to the protection of the rights of the parties,help to improve the effectiveness of the mediation agreement,is conducive to building a harmonious society.To perfect the mechanism of litigation and mediation,which can effectively link the authority of litigation and the flexibility of people's mediation,give full play to the role of the first line of defense of the people's mediation and the role of the court proceedings.However,Chinese current lawsuit and intermediation mechanism also has the effect of high order mediation agreement is lack of legislation,before litigation is uncertain,security system is not perfect,the mediation personnel legal quality is generally low,people on the understanding of the problems of litigation and conciliation.In order to improve the litigation and mediation mechanism in our country,by analyzing the current situation of the litigation and the convergence mechanism of people's mediation system,according to the foreign experiences of alternative dispute resolution mechanism,to our country litigation and mediation mechanism in the presence of the above problems and put forward the change of the lawsuit mechanism,clear concept of lawsuit and intermediation the mechanism of the role,perfecting litigation and mediation mechanism of the legal system,refine the litigation and mediation mechanism of specific laws and regulations,perfecting the mediation agreement judicial confirmation procedure,perfecting litigation and mediation mechanism guarantee system,improve the quality of personnel,strengthen mediation of public litigation and mediation mechanism of suggestions to promote the diversification of dispute in solving the increasingly mature mechanism to contribute.
Keywords/Search Tags:people's mediation, diversified dispute resolution mechanism, combination of litigation and mediation, Judicial confirmation
PDF Full Text Request
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