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Court Mediation System Reflection and Improvement

Author: TangZhongLian
Tutor: LiWeiGuo
School: Guizhou University
Course: Legal
Keywords: Court Mediation Status and Present Analysis and improvement
CLC: D926.2
Type: Master's thesis
Year: 2007
Downloads: 170
Quote: 1
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Abstract

The so-called mediation, refers to a neutral third party intervention and mediation, the parties reached an agreement through consultation, to resolve disputes in a way. According to the different identities mediator, mediation can be divided into private mediation, social organizations mediation, administrative mediation, court mediation and other types. Mediation is not the same at all, in the process, the applicable norms and effectiveness of the entity are different, but the parties are essentially a way of self-punishment rights, on this point, the Court lifted increases tone of the Court This and other factors did not essentially different from mediation. As the Court concluded an important way or even primarily, the rise and fall court mediation and other mediators have the same background, but more a reflection of the trial reform and judicial reform some of the concepts and practical issues. As a means of resolving disputes or manner, mediation in resolving mechanism traditionally occupies an important position; it as a sign of social adjustment, repeatedly interpreted by people with. After the founding of New China, the decades of judicial practice shows that the court mediation in resolving civil and commercial disputes, and promote people's internal unity and create a harmonious society has played an extremely important role. However, in the 1990s, as China's market economy development, social transition, social values, public awareness of the law have undergone profound changes, the public authority in many areas of public life continue to weaken, which have led to court mediation system increasingly in conflict with the modern judicial philosophy, gradually revealed many shortcomings and inadequacies of court mediation wane; into the 21st century, after a long examination, judicial policy and reform again return to realism and empirical basis on the understanding of mediation also has a more rational. It is widely recognized that the emphasis is on the court mediation court system alleviate the plight of justice, reduce judicial pressure, improve the legal environment of the realistic choice. Therefore, the return of court mediation is not entirely simple repetition of traditional mediation, but actively explore Court Mediation System and fit new judicial context, is a pluralistic, open dispute settlement mechanism is to adapt to the needs of society to deal with the plight of Justice rational choice. In this paper, our Court Mediation System jurisprudence interpreted as a starting point, from legal theory and practical aspects of the court mediation system concepts, characteristics, significance and other aspects of fundamental analysis and objective understanding; careful analysis and reflection Court Mediation System history (including its generating the development process) and causes a more objective fully understand the current situation of Court Mediation System; theory with practice, in full awareness of the importance of the existing system of court mediation and dispute resolution mechanisms at the same time trying to find out the advantages of inadequate or say its drawbacks; while the foreign countries and regions (including common law and civil law) court settlement system for comparative analysis, drawing on the advantages and strengths in order for our understanding of court mediation system and reforms to help; another Because mediation is not a purely theoretical is more of a dynamic development process in a practical issue, and therefore should be in understanding the dynamics of development and operation of mediation make such attempts, the judicial practice and judicial policy to make an objective evaluation of the system construction and remodeling of court mediation system put forward suggestions, intends to explore building and the rule of law in line with China's socio-economic status of the modern court mediation system of new ideas.

Court Mediation System Reflection and Improvement

Abstract

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