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Functional analysis of court mediation

Author: LuoJianFang
Tutor: WangQiuLan
School: China University of Political Science
Course: Procedural Law
Keywords: Dispute Accord Mediate Court Mediation Function
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 92
Quote: 1
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Abstract


In the sociological sense , things function reflects its demand for a variety of social system 's response , which also determines the functional analysis should be based on the overall functioning of society as an analytical background, and should not be limited to the things that belong to the system internally. Specific to the object of this paper that the court mediation system , its function is embodied for its legal system, social system , political system and cultural institutions and other institutional demand response. This paper studies the Court Mediation System always the core of mediation , that is desirable as the center exposition through court mediation function system construction, the function of court mediation steering, related systems in different countries and regions comparative analysis functions , and thus for our courts mediation system functions to achieve the function of positioning and make some reform ideas . The first chapter of court mediation function overview. This chapter begins with the conceptual definition for court mediation , conciliation and thus desirable for the administration of justice are discussed , including consensual and judicial mandatory , justice and openness in relationships . On this basis , this chapter describes the court mediation has the basic functions of consensual dispute resolution , justice system functions, namely cost reduction function and order restoration and coordinating functions , as well as its political function outside the system and cultural functions. Chapter II of the Court Mediation System was functional steering . This chapter takes the time to the main line, discusses the court mediation in three different periods in the institutional features and functions that affect the implementation of the court system analyzes the causes . Functional analysis extended to the field of comparative law is reflected as a function of comparative analysis . This chapter as research methods, different countries and regions have similar appearance or play a similar system functions are introduced ; and on this basis with our current court mediation system for comparative analysis . Chapter IV of court mediation functions to achieve some improvement ideas . This chapter begins with the nature of the court system of mediation and institutional capabilities to locate , on the basis of consensual mechanisms for the idea of ​​constructing elaborate , including pre-litigation and litigation consensual consensual mechanism mechanism .

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