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People's mediation system 's history, present situation and perfection

Author: ZengMin
Tutor: FengLiXia
School: The Central Party School
Course: Legal Theory
Keywords: people’s mediation consensus enforcement judicial confirmation mandatory mediation
CLC: D926
Type: Master's thesis
Year: 2011
Downloads: 403
Quote: 3
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Abstract


People’s mediation system is a dispute resolution system with Chinese characteristics. As a dispute resolution system of social autonomy, the core of people’s mediation system is mediation and stresses a desirable way of settling disputes, which is different from litigation and other non-litigation dispute resolution systems and is the basis of its legality and legitimacy and the meaning of its existence. However, from the development history of the people’s mediation, we can conclude that this system contains deep political function from the date of birth. In addition to an immature civil society and the insufficiency of autonomy of grass root organization, the establishment and development of the people’s mediation depend on the government, which brings mandatory factors. In order to establish a rational relationship among the government, organizations of the people’s mediation and persons concerned, the author try to explore ways to develop and improve the people’s mediation system.Based on the dissertation of the concept, nature, function and features of the people’s mediation system and its historical investigation, the article analyzes the producing mechanism of the people’s mediation system and assesses its status quo and causes to seek the balance of consensus and enforcement. Except the introduction and conclusion, the article consists of four parts.Starting with the concept, nature, function and features of the people’s mediation system, the first part emphasizes the autonomy and function of dispute resolution of the people’s mediation system. In this section, the author analyzes the particular features of the people’s mediation system, compared with litigation, the public protection mode. The second part sorts out the history of the people’s mediation system and investigates the different characteristics of different stages which consist of different but successive phases: start–up, establishment and development. In this section, the author puts forward the basis for the study on the producing mechanism of the people’s mediation system. The third part is mainly about the status and causes of the people’s mediation system. In this section, the author shows the new development of the people’s mediation through the achievements of the people’s mediation obtained in recent years. At the same time, the author analyzes problems the people’s mediation encounters and the cause of these problems, which provides the basis for further improvement of the people’s mediation. The fourth part is mainly about the improvement of the people’s mediation. In this section, combined with China’s national conditions, the author puts forward reasonable construction programs, from the more macro ideas reflecting philosophy to the more detailed operation of specific systems.This article uses the methods of historical surveys, social surveys, analysis and comparison, etc, whose value is try to investigate and improve the people’s mediation which is very practical from a more macro view.

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