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Reform and Improvement of the Court Mediation System
Author: DingHui
Tutor: ZhangWuSheng
School: Fudan University
Course: Legal
Keywords: Court Mediation Litigation Mediation Non-litigation Mediation Litigation Reconciliation Judicial ADR
CLC: D926.2
Type: Master's thesis
Year: 2008
Downloads: 247
Quote: 1
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Abstract
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The litigation mediation system is a system bearing the utmost Chinese characteristics in the civil procedure in China. It is a special system summed up by the Chinese people through long-time judicial practices and is a fine tradition in handling civil judicial work in China. The reform of the litigation mediation system still plays an important role in the present judicial reform. In this essay, I will give some innovative opinions on the reform and perfection of the judicial mediation system through surveying and analyzing the current status of our mediation system. There are four chapters in this article.The first chapter is about the summarization of Chinese court mediation. In this part, the author introduces and does some research in the origin and development of Chinese court mediation system in order to comprehend modern judicial mediation system more profoundly.The second chapter is about the research on the court mediation and related systems aboard. The author reviews and compares the court mediation and related systems of Japan with that of U.S.A, hope to absorb the essence and discard the dross , and be helpful to the theory innovation of our court mediation system.The third chapter comments on the status in quo of our court mediation. Although the court mediation system is self-perfecting with the development of the history, the process of self-perfecting can’t catch up with the development and change of the era by all appearances. No matter what a perfect system it is, if it can’t improve with the time, it cannot but work in the contrary way.The fourth chapter is about the reconstruction of our court mediation system, so that our court mediation system can keep up with the era facing the new demand of the new period.
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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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