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Analysis of the positioning of the Court Mediation System

Author: LiuXueNi
Tutor: LiuHongYing
School: China University of Political Science
Course: Legal Theory
Keywords: Court Mediation Compulsory mediation Mediation and trial separation
CLC: D925.14
Type: Master's thesis
Year: 2011
Downloads: 90
Quote: 0
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Abstract


Both theorists or practitioners , mediation are a hot topic . For the current mediation overheating phenomenon , I just select the court mediation perspective around the \compared with the referee , \Court mediation so many problems is that it has been unable to meet the needs of society or merely on specification . I mainly held tune trial separation \the way that the rule of law embodied in the practice of law to promote the constant improvement of the rules . The work of the Court should be the center of the trial , rather than mediation , court mediation only a minor role . In theory, the court mediation compared to the judgment, would not contribute to narrowing the gap between the parties , its pursuit of a state of peace rather than justice . There are a lot of irrational system from the point of view of our current legal norms , the Court Mediation System , one of the big problems is the result of court mediation process \. Based on correct positioning court mediation system , we want to regulate it further , building tune trial separation \) dovetail with the social forces mediation ; while not \mediation before litigation can only limit on the merits of simple , clear facts in civil cases to limit its scope .

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