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From "the Voluntary Legal Mediation" to "Mediation Priority"

Author: LiFeiFei
Tutor: ZhangShiQuan
School: Shandong University
Course: Procedural Law
Keywords: legal intermediation new provisions improve the system
CLC: D926.2
Type: Master's thesis
Year: 2012
Downloads: 131
Quote: 0
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Abstract


The legal intermediation system of our country is an authority in solving the diversified disputes. It was valued by our judiciary times ago and was systemized after the PRC was founded, is an important system of China’s civil litigation. The legal intermediation, which has a long history, has played a very important role in our history, and known as the "Oriental Experience". However, under the impact of developing economy, people’s complex thinking, and the judicial theory and practice, the drawbacks of this system constantly apparent. The voice of theoretical circles on reforming of the legal intermediation becomes higher and higher.In order to improve the legal intermediation system, continue to play its superior functions to solve the diversified disputes, the state has issued a series of provisions. In this paper, I attempt to do a systematic review for the provisions, especially the provisions in recent years. I want to analysis the improvement for the legal intermediation. And then on the basic of analysis the deficiency of the legal intermediation, give the suggestions to improve the legal intermediation through comparing with other countries.The first section discusses the environment background of the legal intermediation, which gets the attention again after the PRC was founded, including the macro-environment and the micro-environment. The second section analyzes the new provisions issued in recent years, including the legal intermediation’s concept, principle, judge, scope, and way etc.. in order to present the whole picture of the legal intermediation system. The third section analyzes the improvement of the legal intermediation bring by the new provisions, and then analyzes the deficiency that still existing in the legal intermediation system. And the fourth section gives some suggestion to improve the legal intermediation system in our country, on the basic of comparing with similar systems abroad.At present, our country’s environment is suit for the legal intermediation. Using the legal intermediation in suitable can reduce the pressure of the court, resolve disputes completely, maintain the social order, promote the social long-term stable. Building the legal intermediation system, which is more in line with China’s nation conditions, is advantage to improve the procedural law system, and is advantage to continuously meet the people’s growing judicial resources.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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