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A Study On Diversified Dispute Resolution Mechanism In China Under The Background Of Judicial Reform

Posted on:2019-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:G Q WanFull Text:PDF
GTID:2416330566458678Subject:Legal theory
Abstract/Summary:PDF Full Text Request
At the same time as the continuous development of human society and the continuous improvement of economic level,it has promoted the transformation of human social ideology and social ideological trends.Diversified theories,pluralistic concepts and multiple values have emerged as the times require.Further development and evolution have been based on the original values..At the same time,as the social relationships formed by the daily interactions between people become more and more complicated,the pursuit of interests by various social subjects is constantly rising,and the main body and manifestations of conflicts are diversified,and disputes are diversified.The situation has become an irreversible trend.At present,China's theoretical and judicial practice has the most basic and most important dispute resolution methods,including litigation,administrative adjudication,arbitration,mediation,reconciliation,negotiation,and negotiation.In the new era of multi-valued and diverse disputes,it constitutes China's The diversification dispute resolution mechanism also has its own characteristics.In the new era of governing the country according to law,with the diversification of legal values,the theory and practice of dispute resolution need to be closely integrated.From the perspective of the theoretical basis and value basis of the diversified dispute resolution mechanism,the jurisprudence of the diversified dispute resolution mechanism is analyzed and discussed.The foundation will help realize the coordination and development of public and private relief in the rights relief theory,promote the rationalization of dispute resolution procedures,and further improve the ability of social dispute resolution.At the same time,drawing on advanced experience at home and abroad,such as the ADR system and the Ma Xiwu trial method,has important guiding significance for improving the diversified dispute resolution mechanism.In the process of comprehensively advancing the rule of law and building a socialist country under the rule of law,a diversified dispute resolution mechanism has achieved initial success,and a set of diversified dispute resolution mechanisms with Chinese characteristics has been gradually established.However,in the face of judicial reforms,improving a diversified dispute resolution mechanism is not just one of the objectives of the reform.More precisely,it has become an important approach and guarantee measure for China's realization of the goals of the rule of law and the realization of the overall goal of the judicial reform.In judicial practice,there is a paradox between the reform of the system of judicial officers and the registration system for registration,the standard of judging the quality of trials with the judiciary and the society,the escalation of the effectiveness of escalation,and social responsibilities.The convergence of litigation and non-litigation mechanisms is difficult.There is still a dilemma that needs to be solved in order to raise awareness and still need improvement.In the new era of comprehensively advancing the rule of law and under the new round of judicial reform,the development and improvement of a diversified dispute resolution mechanism is a complex and systematic project.It is necessary to further deepen structural reform and apply the new concept of comprehensive governance in the new era.Strengthen top-level design and institutional innovation.In order to realize the rational allocation of judicial resources,the improvement of the system,and the construction of the docking platform for litigation and adjustment,the current approach is to guide the public in changing the traditional concepts of dispute resolution and training in light of the current process of the rule of law and the new requirements for the rule of law.The new concept of dispute resolution will create a new atmosphere for multiple cultural solutions to create a favorable social environment for the development and improvement of diversified dispute resolution mechanisms.The public will gradually develop a cultural concept of dispute resolution through rational negotiation,self-discipline,integrity and tolerance.A new era for the development of diversified dispute resolution mechanisms.
Keywords/Search Tags:Judicial reform, Legal value diversification, Dispute resolution mechanism, The Ma Xiwu trial mode
PDF Full Text Request
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