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Research And Improvement Of The First Mediation System In Civil Litigation

Posted on:2020-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:H L MaFull Text:PDF
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Under the background of the continuous progress and development of the socialist rule of law in our country,the people's awareness of the protection of their rights has continuously improved.Especially for China's national conditions,Chinese courts have also implemented a registration system,resulting in a large number of cases.As a result,the number of civil cases in China has soared and the types of cases have become more complex and diverse.However,China's limited judicial resources have undoubtedly brought tremendous pressure on China's judicial resources.In order to alleviate and share the pressures of various departments of the court,transfer case disputes,rationally allocate social resources,effectively resolve contradictions,and comprehensively review the lawsuits of Chinese courts,the newly revised "Civil Procedure Law of the People's Republic of China" in China(hereinafter referred to as " Article 122 of the Civil Procedure Law stipulates that if a party files a civil dispute with a civil court,if mediation is appropriate,mediation will be carried out first,but if the parties refuse to mediate,they will be tried normally.If mediation is refused,a normal hearing should be conducted.It can be seen from the expression.The first mediation system already has the most basic legitimacy.This new regulation has made the civil litigation mediation system officially a civil litigation mechanism,providing another option.litigant litigation.The dispute resolution method is a diversified dispute resolution mechanism.Perfect,but need to explore further.We should see that the legislation is too simple,the first mediation,the basic content of the system,the first mediation has no specific provisions,such as who is the subject of the civil litigation mediation system,whether based on the court or the parties,There is no legislation that stipulates when to start the process,How effective the agreement is,how the mediation fails,and how the program is docked.Therefore,the local courts have different approaches to implementing the first mediation.Generally speaking,they are discretionary within the scope of legality.The model makes it difficult for the first mediation system to perform its original role.At present,research on related systems at home and abroad is mainly concentrated in Taiwan,the United States,Japan and Germany.Since Taiwan and the United States have relatively mature support mechanisms,they mainly study the two.In terms of research methods,this paper mainly adopts literature research methods,and refers to relevant laws and regulations,scholars' literature and judicial cases,and discusses the value of the first mediation from the connotation of the first mediation;secondly,the theory is above,all Civil litigation cases can be pre-mediated,but the scope of application should be clearly defined.Therefore,this paper proposes the application of the scope through discussion.Finally,this paper starts from the current stage of the system and focuses on the specific judicial practice in China.Existing questions can be used to refer to advanced experience and practice at home and abroad.What kind of supplements and adjustments should be made to improve the civil litigation mediation system,and finally put forward the arguments for the problem,with a view to rebuilding the mediation system in the future.Provide some suggestions and references.
Keywords/Search Tags:First mediation, Mediation subject, Mediation agreement, Program connection
PDF Full Text Request
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