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On Harmonious Society Construction commissioned Mediation System

Author: ZuoYiJuan
Tutor: ShiXianZuo
School: Central China Normal University
Course: Procedural Law
Keywords: People's Mediation Conciliation commission Court annexed mediation
CLC: D925.14
Type: Master's thesis
Year: 2011
Downloads: 63
Quote: 2
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Abstract


A system of production must be associated with a particular background of social development linked mediation system in China has an important place in the history of justice , as a modern legal terms used in the Republic when it has occurred . People's mediation system from base period has been a very good use of China's development is by far the most perfect system , one hailed by Western countries oriental experience . Mediation system surge in recent years in the number of cases as well as the relative lack of resource allocation People's Court in the case , has been the importance of the courts , and thus derive some new mediation system types, delegates mediation system is one of a wonderful work. Entrust the judicial mediation system similar to Western ADR system is the court for the prosecution to the court's relatively simple civil cases , after the consent of individuals entrusted with certain expertise and relevant mediation skills mediation organizations and individuals , in order to dispute resolution system . Other types of mediation system entrusted with mediation system can not be replaced legislative, economic and efficiency values ​​, although in the current legislation rarely clearly defined, only in exceptional and judicial interpretation has been confirmed , but the commission still has a widely practiced mediation system necessary , and its for the construction of a harmonious socialist society has far-reaching significance. Commissioned mediation system has also been practice in foreign countries , although with different names , but our commission mediation system would be similar , worthy of our country in the future legislative and judicial practice and learn . In recent years, commissioned mediation system in Shanghai , Shanxi , Anhui , Henan and other courts have formed some have their own distinctive practice patterns . Of course, as a newly formed prototype system , there are some problems , such as the title of the mediation commission , delegate object , deadlines are not unified , the program's settings , there are also some confusion , the parties of the right to choose whether procedures are fully respected and protected so need to ponder . Entrusting mediation mediation system as a court involvement , how to deal with the court and mediation organizations entrusted relationships, and accurate positioning of the mediation commission status and scope of the case , which require the court examine their own responsibilities also makes specific provisions .

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