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Court mediation : the rebirth and development of crisis

Author: WangZuo
Tutor: LiuJinHua
School: China University of Political Science
Course: Procedural Law
Keywords: Court Mediation The right to trial auxiliary Tune and Trial Pre-trial mediation
CLC: D926.2
Type: Master's thesis
Year: 2009
Downloads: 214
Quote: 0
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Abstract


As the \With the changing socio-economic development and values ??in the process of China 's rule of law , the mediation system has gone through many twists and turns , especially the representative of the court mediation . Trial Reform of rational reflection , the court mediation in the 90 's crisis , back to the people's vision , and set off a new one of its research and exploration . This article intends to analyze the functions and values, through the investigation of the history of the court mediation , and on this basis that its drawbacks , and put forward some ideas for improving this system . This article is divided into four parts: The first part is the brief introduction of the court mediation , court mediation concepts and features of the History of the court mediation system , so that readers have a rough idea of ??court mediation . The use of the second part of the discourse the court mediation system in the base and extra-territorial system . Foundation of the existence of the court mediation , respectively, from the historical , economic, legal principles and values ??of the four angles ; Finally a simple analysis of extraterritorial countries - specifically the United States , Germany, Japan , the use of court mediation . The third part introduces and comments on the drawbacks of the court mediation . Analysis of the shortcomings in two ways , First, institutional shortcomings, exposed the shortcomings of practice ; then a simple analysis of the reform before the point of view , and several views of the court mediation reform to make the evaluation . The fourth section presents the idea of the points of the reform of court mediation . On the basis of the previous analysis , first described the feasibility of the court mediation concept of transformation and pre-trial mediation analysis. Subsequently , respectively, from the principles of retried and adjustment , three aspects of the Judge 's Right to exercise and mediation of guidance and incentives interpretation of the transformation of pre-trial mediation concept . Finally, the pretrial mediation program settings, and supporting systems to establish and perfect the concept .

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