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The Reconstruction of Chinese Mediation System

Author: LiuYang
Tutor: CheChuanBo
School: Jilin University
Course: Procedural Law
Keywords: Court Mediation Mediation Rate The parties Socialist Authority Socialist
CLC: D925.14
Type: Master's thesis
Year: 2011
Downloads: 221
Quote: 0
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Abstract


As an important disputed resolution mechanism, court mediation has played an important role either in history or in the contemporary society. But with the development of The Times, the current court mediation system in operation of the process appeared certain problems, such as excessive Mediation rate which led to the pursuit of mediation, the disciplinary right infringement for parties to this problem, the paper tries to argue, and gradually establish parties through reform of socialism, make its court mediation system to adapt to the needs of the modernization of the legal in new period, play a role.The paper is divided into six parts:Chapter one is the preface, introduces purpose and the intention of writing.The second chapter is China’s court mediation system present situation and existing problems. Begin from scientific judgment of mediation and analyze the relationship, through the latest data indicate that the current our country mediation system exist unilateral pursue high Mediation rate problems and analyze the possibility of compulsory mediation appeared in China, and points out that the current system of mediation powers socialist drawbacks.The third chapter is a socialist court mediation system of general theory. From the theoretical basis, foreign system investigation, legislative model researches in party socialist court mediation system, and the general idea of nations mediation system makes a comparative analysis.The forth chapter is the necessity and feasibility. This section first in China are reviewed in the last thirty years mediation system, analyzes the development background of the evolution of this system and its profound reasons, and puts forward the necessity of reform. On our mediation system after appeared in the process of reform, the paper demonstrated a variety of viewpoints, and analyzes the feasibility of comprehensive comparison and investigation last in put forward on the basis of constructing socialist parties shall be court mediation system.The fifth chapter is the parties’socialist court mediation system of specific idea. This part of constructing socialist parties around the court mediation system in our country from the establishment of the basic principles, procedures, setting, and complete system from three aspects:the concrete discussion and analysis, in order to from on macroscopic court mediation system of party construction of socialism for the general idea.The sixth chapter is the conclusion to the construction of the party socialist mediation system was discussed.

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