Font Size: a A A

The Study On Court-annexed Mediation System Of Mongolia

Posted on:2021-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y ( D a s h d o n d o v U y Full Text:PDF
GTID:2506306272479754Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Disputes are a common social phenomenon.As society continues to develop,the number of disputes also increases.At present,litigation is not the only way to remedy power,even if it is nationally mandatory and strictly regulated.The litigation mechanism has stricter requirements on procedures and longer periods.In contrast,the mediation system is more flexible in resolving disputes.The main advantage of a modern democratic society is that it can flexibly use the existing legal system to protect the legitimate rights and interests of citizens.With the transformation and development of Mongolia’s economy,the construction of Mongolia’s democratic society has also continued to advance.However,the filing rate of judicial organs has increased year by year,which has increased the workload of judicial personnel.In order to solve these problems,Mongolia has adopted a series of measures,including the establishment of a court-annexed mediation system to protect the legitimate rights and interests of citizens.The legal system of Mongolia draws on the advanced experience of foreign mediation systems.In 2013,the National Assembly of Mongolia(Greater Hural Assembly)passed the Mediation Law.This marks the formal introduction of the court-mediated mediation system into the Mongolian judicial system.Due to the short introduction time and lack of corresponding theoretical system and practical experience,the mediation system attached to the Mongolian court needs to be further improved.This article is divided into five parts.The first part is an introduction,briefly describing the research object,background and significance of the thesis,and briefly describing the domestic and foreign research results on the court-annexed mediation system.The second part briefly describes the current status of the Mongolian court-annexed mediation system,mainly from the emergence of the Mongolian court-annexed mediation system,the existing social foundation,the rise,the operating procedures and other aspects.The third part summarizes the problems arising in the Mongolian court-annexed mediation system,mainly including legislative flaws,system flaws,and policy flaws.The fourth part compares the court-annexed mediation system of Mongolia with the mediation system in China,finds the similarities and differences,summarizes the beneficial experience,and provides a reference for the improvement of the Mongolian court-annexed mediation system.The fifth part is based on the basic national conditions of Mongolia,according to the problems pointed out in the third part to improve suggestions one by one,improve the law and regulations of the court-annexed mediation system,improve the court attached mediator system,and promote the application of the mediation system.
Keywords/Search Tags:China and Mongolia, court-annexed mediation, comparative research, ADR, alternative dispute resolution
PDF Full Text Request
Related items