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Historical study of the Court Civil Mediation System in China

Author: ZhangJinHui
Tutor: LengChuanLi；ZouWei
School: Guizhou University
Course: Legal
Keywords: Civil Mediate Malpractice Study Reflection
CLC: D925.1
Type: Master's thesis
Year: 2007
Downloads: 277
Quote: 0
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Abstract


Our current court civil mediation system is a major feature of China's judicial system, which inherited the fine tradition of the period of democratic revolution, is a crystallization of China rule of law culture and long-term experience in the judicial practice, the system is the most distinctive of the Civil Trial. This \With the diversification of the social value of the contract of decentralized social structure and social relations, not only limited judicial resources have been unbearable burden brought about by the swelling disputes, however, is more due to the awakening of the consciousness of the parties to the main, so that the current civil The mediation system has been unable to face the social requirements for settling disputes \Academia \and the practice of the operation have not been a better solution. Therefore, as a long-term civil trial judges, two years to learn, and bit by bit for many years in the civil trial work thinking to sort out, refining, presented an opinion on improving the civil mediation system, together with judges occupation executive of love, to be released by this article. The paper is divided into four parts: the first part, Historical Survey and Analysis of the Civil Mediation. Review of Ancient and Modern History of the mediation system, cultural background and social basis of analysis of the existence of traditional mediation system, pointed out that \Analysis of the status quo of China's current court civil mediation and its contradictions reflected causes. The second part, the drawbacks of our current court system of civil mediation and the need for reform. From the drawbacks of our current court system of civil mediation, civil mediation system reform is necessary to analyze our court; building a harmonious society needs from China in the new period, analysis of the urgency of the reform Court Civil Mediation System. The third part of the system in the United States and Britain, France, Japan and other countries and China's Taiwan region comparison. The late start of the country, as a rule of law and the process is necessary to examine the footprints of the pioneer in the design and construction of various systems. Therefore, investigation to compare the system of the United States, the United Kingdom, Germany, France, Japan and China's Taiwan region, from looking for reference mode or with references to experiences and lessons. The fourth part of our Court Civil Mediation System reflection. , Pointed out that the feasibility of reconfigurable Court Civil Mediation System action settlement system, and make the perfect the system of settlement of litigation in our above vertical and horizontal analysis and study, analyze and evaluate different reform programs in recent years on the Court of Civil Mediation vision.

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