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On the judicial mediation and conciliation
Author: LiJingJing
Tutor: WangGuoZheng
School: Qingdao University
Course: Procedural Law
Keywords: the judicial mediation function orientation the Confucianculture mediation practice disputes
CLC: D926
Type: Master's thesis
Year: 2013
Downloads: 64
Quote: 0
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Abstract
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This paper elaborates the five aspects of the judicial mediation and its practice:Mediation, the first part refers to the parties outside of the third party, to the national laws, regulations and policies as well as social morality as the basis, to guidance, persuasion, both sides dispute prompted them to mutual understanding, negotiation, voluntary agreement, resolve the dispute. In China, there are many kinds of mediation. Because of the body of the mediation, conciliation has people’s mediation and judicial mediation, administrative mediation, arbitration conciliation and lawyers, etc.The second part, the advantages and disadvantages of judicial mediation analysisThe third part, the paper introduces the function orientation of judicial mediation and judicial mediation advantageous to realize the justice of procedure; Judicial conciliation is conducive to constantly improve the legal norms; The judicial mediation functions to settle disputes.The fourth part, elaborated the Confucian culture of judicial mediation, the Confucian culture is beneficial to form the judge humanity thinking, Confucian culture is helpful to improve the integrity of quality, a judge of the Confucian culture is helpful to strengthen the judge’s people-oriented concept. From "love" to love, not only is a traditional cultural literacy problem, but a judge’s literacy problems in life, or a person’s view of the world. The judicial mediation should focus more on profit people fluctuate and raising the results.The fifth part, the paper analyses the marriage and family dispute resolution practice, adjacent relation dispute mediation practice, property dispute mediation practice and build a dispute mediation practice.
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CLC: > Political, legal > Legal > Chinese law > Justice system
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