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An Analysis of the Civil Mediation in the Period of the Republic of China

Author: ZengFang
Tutor: GongRuFu
School: Jiangxi University of Finance
Course: Procedural Law
Keywords: the Republic of China era prevent litigation civil mediation nongovernmental mediation
CLC: D929
Type: Master's thesis
Year: 2010
Downloads: 170
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Abstract

The development of history in China’s ancient, prevent litigation and prevent litigation system of long standing and well-established. Confucianism occupied a leading place in the ancient China. To this country, Prevent litigation has become the object of highest principle and social regulation which pursued by officer and emperor in the past dynasties. Traditional prevent litigation system got much praise and affirmation in social circles and preserved by named "orient experience". Traditional prevent litigation system is the only China law system in contemporary which still exert its great influence. A large part of our prevent litigation mechanisms has influenced from Chinese traditional prevent litigation mechanisms.Civil Mediation System, the big scope of view, is a civil action in a system, but from the point of view to resolve civil disputes, in parallel with the civil state, which is centered by a third party disputes, leaving the two sides to make peace with each other compromise and concessions, to resolve disputes in a civil procedure. Nothing wrong with the law during the Republic of the modernization of China’s rapid development period of the Republic of China, the legal development in the course of the irreplaceable position. Modification of Laws from the late Qing Dynasty, China’s legal modernization has begun to take effect, after the early republic improve the law, Chinese law has become increasingly westernized. After the 1911 Revolution, to before the founding of New China in 1949, when China is social unrest, warlord state, and keen cultural collision of East and West, but also makes the legal system when certain characteristics of the times. In the civil mediation system at that time analyzing and discussing the process, but also to the late Qing government promulgated the<Draft Law of Civil Procedure>and the subsequent introduction of the<Civil Mediation Act>and<Civil Law>at the core, and an important symbol.China today is the implementation of the civil mediation system a major feature of the judicial system, which not only inherited the fine traditions of the Republic of China, and is the rule of law, judicial practice, culture and experience of long-term wisdom of combining civil mediation system is of the Civil Trial The most distinctive of a system. This kind of "mediation-based" approach, not only in the trial of the application of the domestic well, and also suffering from the international praise.The main body of this paper includes 7 items:Introduction,A brief introduction to the place of civil mediation and civil mediate system over long history in China.The first part, evaluate the Chinese traditional prevent litigation mechanisms. This part focuses on the experiences and knowledge of prevent mechanisms’root in ancient China, dispute mediation mechanisms in modern history of China and the Chinese traditional prevent litigation mechanisms, which describe the Chinese traditional prevent litigation mechanisms.The second part, overview the civil mediation system in the Republic of China era. This part focuses on the background and legislation of civil mediation system in the Republic of China era to describe.The third part, discuss the civil mediation and the strength and weakness of it.In this part, first is going to describe the revolution of traditional civil mediation in Republic of China era,then it is going to describe the basic methods and characteristics of civil mediation and from the operate process of the civil mediation to explore. Therefore, help people to fully understand the strength and weakness of the civil mediation.The forth part, evaluate the administrative mediation and its gain and loss. This part is going to describe the administrative mediation situation of from the Republic of China era to today, then describe the operate process of the village, town and county and themselves. Last, summarize effect positives and negatives of the administrative mediation. Thereby, the part can be known by people.The fifty Part, expound judicial mediation and its gains and losses. this part is going to introduce how to promulgates<laws of civil mediation>and introduce its legislative principle. and then describe<laws of civil meldiation>and judicial mediation of relevant regulations, and next to overview the relation of the civil mediation between civil procedureThe sixth part, summarize and use experience of civil mediate system in Republic of China era. This part explains from "critically bowered the experience of ancient prevent litigation"、"Correctly evaluating mediation system for the purpose of prevent litigation"、"Actively promoting the capability of inferior courts (Especially people’s courts) in mediate prevent litigation" three aspects.

An Analysis of the Civil Mediation in the Period of the Republic of China

Abstract

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