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The Effectiveness Of The Civil Conciliation Statement

Posted on:2019-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:D W ShangFull Text:PDF
GTID:2416330572957944Subject:Law
Abstract/Summary:PDF Full Text Request
At present,under the impetus of the comprehensive governing the country according to law,the constant deepening reform of the judicial system in our country,especially in a closer relationship with the general public of mediation system,the reform of civil mediation mechanism,much attention has been paid to the important content of the reform of the civil mediation system,and the effectiveness of the civil the conciliation statement is an important core content of civil the conciliation statement,more research on the effectiveness of the civil conciliation statement should be paid attention during the height of the justice theory.The effectiveness of the civil the conciliation statement is to resolve the dispute to mediation or settlement of the concrete embodiment of summative carrier,it makes the parties autonomy at the legal level.There is a big difference between the civil mediation and the judgment.In particular,the former has not only the coercive force of state law,but also the outstanding contract.The people's court in a case of peaceful mediation,the parties to resolve disputes and contradictions,that not only can gain legal protection,and can improve the efficiency of problem solving.In addition,in civil cases,such as relationship to family,court decisions are likely to harm family relationships,regardless of the outcome.In some special cases,sometimes judgment cannot satisfactorily distribute the rights and obligations of the parties.Compared with this,it provides a better and more convenient way of dealing with disputes based on the uniqueness of the validity of civil mediation books.Civil the conciliation statement are introduced in this effect,the basic connotation and nature of analyses to the relevant provisions of the civil conciliation statement effect,analyzed the characteristics of the effectiveness of the civil conciliation statement,and puts forward Suggestions on the problems existing in the system.The first part is a brief overview of the effectiveness of civil mediation books.Of the conciliation statement shall,in this part,the connection between the concept,related nouns and distinguishing analysis,by analyzing its characteristics,the characteristics of its effectiveness in this chapter to make analysis and induction.In the second part,the present situation of the civil mediation book is analyzed.In this section,this paper compares the relevant regulations of the mainland and Taiwan on the validity of civil mediation books,and analyzes the differences between them.in view of the current domestic existing civil mediation mechanism,analyze the effectiveness of the conciliation statement and its problems and shortcomings,and then summarizes the civil the conciliation statement confusion and contradiction in the judicial practice.The third part,we will thoroughly analyze and study the effectiveness of civil mediation books in China.Based on the in-depth exploration of the whole paper,this chapter has been studied and analyzed in several aspects.First,it is suggested to further clarify the legal effectiveness of the mediation book in the current civil litigation in China,and to clarify the characteristics of the contract that it has.Secondly,the law should be clearly regulated in the light of the effect of the civil mediation book and the problems of the parties' remorse.Finally,for the domestic current mediation system,for the reality beyond filed for prescribed scope and content part shall also be stipulated in clause way down and do it as perfect as possible.
Keywords/Search Tags:Court mediation agreement, Paper of civil mediation, Res judicata, Probative force
PDF Full Text Request
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