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On The Construction Of Market-oriented Lawyer Mediation System In China

Posted on:2021-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2416330611964921Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Based on the needs of diversified dispute resolution mechanism in China,diversified approaches are introduced into the settlement of civil disputes,and lawyer mediation is the product of the important dispute resolution methods given under this mechanism.China's lawyer mediation system in the pilot to explore experience,judicial practice is still in its infancy.With the advancement of the practice of lawyer mediation,the lawyer mediation system gradually exposed some contradictions and problems in the pilot and practice,and the lawyer mediation led by public welfare has not achieved good results in practice.In order to give full play to the function of the lawyer mediation system and promote the high-quality development of the lawyer mediation system in China,this paper analyzes the background of the lawyer mediation system and the practical significance of its implementation,combined with the practice of the lawyer mediation pilot in various parts of the country,and makes an in-depth discussion on the status of the lawyer mediation system,leading to the conclusion that market-oriented lawyer mediation is the root of the development of the lawyer mediation system in China This way out.Through the analysis of three problems existing in the implementation of the current market-oriented lawyer mediation system,which are the disunity of organization establishment standards,the imperfection of mediation procedure rules and the lack of market-oriented guarantee mechanism,this paper puts forward the construction path of the market-oriented lawyer mediation,and from three aspects: the organization establishment system of the market-oriented lawyer mediation,the construction of lawyer mediation procedure rules and the construction of mediation guarantee system In order to accelerate the pace of market-oriented lawyer mediation,solve the actual problems of the parties and effectively protect the rights and interests of both parties,it is necessary to study the market-oriented lawyer mediation system.
Keywords/Search Tags:Lawyer mediation, dispute resolution mechanism, commercial mediation
PDF Full Text Request
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