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Contemporary Chinese people's mediation mechanism

Author: LaiZuo
Tutor: DuanHouSheng
School: Fudan University
Course: Legal
Keywords: Alternative Dispute Resolution Mechanism of People’s Mediation Contemporary China
CLC: D926
Type: Master's thesis
Year: 2008
Downloads: 249
Quote: 5
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Abstract


During the process of transferring society nowadays, all kinds of complicated social contradicts and problems arise much frequently. In such situations, people’s mediation system which is one crucial aspect to realize the comprehensive governance of social security, to enhance and guarantee the stable and healthy development of the society, to establish sound system of rule of law is facing much new problems and challenges. It’s becoming one important academic and practical problem with great strategic significance to resurvey the character and orientation of the traditional people’s mediation and explore to establish and better the system of multiple dispute resolutions among which people’s mediation plays leading roles.This article is focusing on people’s mediation. It introduces the historical developments of people’s mediation in China, expatiates the theoretical basis of people’s mediation and newly emerged characters of it. Lastly, this article explores how to innovate and walk out the puzzlement and discusses some problems of executing the "pre-placing" people’s mediation system. This article is composed of introduction, text of four chapters and epilogue. It has 30,000 words in total.In the part of introduction, the thesis of people’s mediation was educed after illustrating the objectives and missions of establishing the socialism harmony society.Chapter One dissertates the status quo and puzzlement of people’s mediation in contemporary china, explores to establish and better multiple mechanism of people’s mediation, re-defines the essential attributes and functions of people’s mediation, re-survey the status quo and puzzlement during the reforming and developing process of people’s mediation, and re-explore the means how people’s mediation serves for constructing the harmony society.Chapter Two discusses the choices and routes of innovating the mechanism of people’s mediation. We should understand civil dispute resolutions and governmental dispute resolutions fully which are interdependent, inter-supplementary and inter-supportive and consist of entia of resolving social contradicts and disputes. Therefore, we should reconstruct the value notion of people’s mediation, adjust working conception, innovate the working means of people’s mediation, and strive to construct multiple dispute resolutions which is dominated by people’s mediation.Chapter Three discusses how to push forward the constructing of specialization, standardization and socialization of people’s mediation. This part expatiates how to establish and better multiple dispute resolution in which people’s mediation plays leading roles.Chapter Four explores the problems, countermeasures and prospects to develop the system of "pre-placing" people’s mediation. This part dissertates some aspects of aforesaid system, such as it’s basic principles, characters in procedures, scope of application, setup of organs, legal effect of agreements, fee distribution arrangement and procedural rules.The epilogue reviews and summarizes the whole article briefly.

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