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On my court complaint the a former commissioned mediation mechanism of build

Author: LiuZuo
Tutor: ZhangZuoDa
School: Northwestern University
Course: Law
Keywords: Civil action Mediation mechanism before litigation System Construction
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 28
Quote: 0
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Abstract


At present, our country is in the social transition period, with the rapid economic development of society and the increase of the legal consciousness of people, a lot of disputes have flocked to the court. In the pursuit of the harmonious society, is the premise of mediation of dispute solution of a kind of important social mechanism, and our country’s current procedure before litigation not provided conciliation procedures, this situation can’t satisfy dispute type and the diversity of the parties to the value pursuit of diversified dispute resolution mechanism proposed the new requirements. The face of the actual situation of the new era of dispute resolution and the specific demands of different interest groups,how to realize the meaning and the rule of law, to construct a court agrees with the entrusted with before litigation mediation mechanism as the breakthrough point, construct the multiplex dispute resolution mechanism should be our current the rational choice. Building before litigation mediation is entrusted to non-litigation resolve the dispute mechanism into the important embodiment of civil procedure, it is restored mediation as non-litigation dispute the reasonable way, and make the position of the rule of law to deviate from orbit.This article is divided into five sections, including:Chapter 1 summary the complaint before the commission an overview of mediation, including the meaning of mediation, conciliation and complaint before the commission the difference between other concepts, the nature of the complaint before the mediation commission, features four parts.Chapter 2 describes the basic principles of mediation before the commission. Chapter 3 describes the current appeal before the domestic courts of the mediation commission of Shanghai, Jiangsu, Shaanxi, three courts of appeal before the commission for mediation analysis shows. Chapter 4 analyzes the current appeal before the commission of China’s problems in the mediation, including the main judge in the "tune-one trial" in the role of mediation and the arbitrary nature of normative judgments conflict, compromise and the decision of the three aspects of protection conflict. Chapter 5 regards the current status of the mediation system before the commission, from necessity, and should pay attention to other aspects of the issue before the appeal commission to build the mediation mechanism.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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