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Contemporary Chinese civil mediation system and Reconstruction

Author: XuMinGe
Tutor: LiuAnRong
School: Shaanxi Normal University
Course: Legal Theory
Keywords: Conciliation Civil Mediation Dispute resolution mechanism Reconstruction
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 146
Quote: 2
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Abstract


In our traditional society, conciliation had been an important way to solve the disputes and had played a necessary role in solving the civil disputes and stabilizing the society. Famous as "eastern experience," Chinese dispute system was praised highly by western law scholars during the late 20th century. As the ADR popularization, the research on disputes in private had become hot spot. Although Chinese people have solved disputes in private frequently, the action, the meaning and system innovation etc. had been fallen behind, compared with the west countries. At present, we have been building the country ruled by law, and harmonious society. Solving the disputes in private set a foundation for it as a local way. The civil disputes meet the pursuits of people’s varied value and comply with the trend of building various disputes settlement system. Therefore, we rebuild our civil solving system plus its advantage.The passage is divided into three parts besides introduce and end.The second chapter inquires into the ideas of reconciliation and civil conciliation on the basis of history analysis. Then, it explains the gradual progress of the civil conciliation. From the point of rational faculty’s view, the author frames the history of civil conciliation. It supports the basis to the next chapter.The third chapter research and analysis the superiority and difficult position of it by means of dialectical logic. The author points the advantage and important role of it according to economical factor, convenience flexibility and extensive factor. At the same time, the author reveals that nowadays the civil conciliation faces difficulties though its disadvantage and its conflict with the justice system, with helps us to understand it in a scientific way.In chapter four, the author explores the way to build mode civil conciliation by theory relation with reality. At first, the author stresses its authority and how to deal with the relation between them. Further the author emphasizes that it is necessary for us to establish the authority of civil conciliation, as well as a response to the law that《Conciliation Law》should be put into effect. Finally, the author suggests that we should lean from foreign countries in ADR and build various disputes solving systems by comparing the justice system with civil conciliation.

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