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On Improving Our System of the Conciliation Proceedings

Author: LuoShuMei
Tutor: LiXianBo
School: Hunan Normal University
Course: Legal
Keywords: Court Civil Mediation Deficiencies in the system Perfecting Countermeasures
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 107
Quote: 0
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Abstract


China 's Court civil mediation parties under the auspices of a judge for a specific civil disputes , negotiate to resolve the dispute and end the litigation system . Both private behavior and litigation , the dual nature of the judicial context of the \dislocation, constrained Court mediation system function play . The face of the sharp increase of the number and types of civil disputes , improve the court system of civil mediation to resolve civil disputes , people's mediation system , the arbitration system and the judicial system optimization is of great significance . This paper analyzes the meaning of our Court Civil Mediation System , the difference between the court system of civil mediation and other dispute resolution mechanism , the Court civil mediation system in settling disputes , the formation of rules and other functions . To clarify the status of our Court Civil Mediation System , principles, procedures, regulations , pointed out that the Court Civil Mediation three basic problems : the problem of the relationship between mediation and the rule of law , the relationship between mediation and trial , mediation and protection of the right of action . Specific issues : the status of court mediation , conciliation matter of principle , the procedural rules of mediation , conciliation statement the validity of the analysis of the formation of the legal traditions of the current Court Civil Mediation System , the demand for social change , as well as judicial reform trends reason . Theoretical cornerstone for defects as well as the causes of the current mediation system , relying on mediation and trial separation , and explain the to court mediation three basic theoretical issues , the specific improvement countermeasures : a clear Court Civil Mediation position , principle of mediation , clear mediation agency legal status to develop mediation program rules .

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