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The Research on the Legal Issues of Mediation Security

Author: ZhangXiongQing
Tutor: ChenJinHong
School: Hunan University
Course: Civil and Commercial Law
Keywords: Mediation guarantee Mediate System improvement
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 69
Quote: 0
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Abstract


Mediation guarantee blend of traditional Chinese culture and modern Western legal concept of law , civil law and security law will organically combines . Its meaning has been limited to a specific system of partial improvement , but the integrity of civil dispute settlement mechanism converting the important part. Mediation proceedings are guaranteed secured areas , its essence is to prepare for the smooth execution , leaving the respondent state fiscal maintain certain temporary measures . Civil Mediation guarantees and advance execution guarantees , guarantees the preservation of property , enforcement of security guarantees together constitute the four forms of action . Mediation guarantee contains three : mortgage, pledge and guarantee of civil lien and security deposit guarantees due to its particularity, which is not applicable to the mediation process , mediation , the debtor can not guarantee for their security . Mediation guarantee must be made by the parties reach a unanimous agreement , and with the consent of the court , and must be in writing , otherwise it is not established . Effective mediation enforceable guarantee the effectiveness of the creditors do not have the conditions for success can be sued seeking to enforce the secured property . Physical value , procedures and social values ??constitute the value system of mediation guarantee . Mediation allows the parties through voluntary participation guarantee , equal consultations to ensure free and fair , by simplifying the dispute settlement proceedings, improve efficiency , in terms of social values ??, rapid dispute resolution greatly reducing the pressure on the court , but also to promote the rule of law in the development process . Guarantee malpractice mediation system is mainly reflected in the following aspects : mediation and guarantees effective time inconsistency ; lack of protection of the interests of the Third Party ; guarantee obligations of third way is not clear and so on. To this end , it should be explicitly guaranteed effective elements mediation , warranties and guarantees the validity of the type to make it more perfect.

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