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Harmony priority policy debate Context Mediation and Conciliation Function Reset

Author: LiYuLin
Tutor: DuanQiuGuan
School: Northwestern University
Course: Law
Keywords: Mediation preference policy Mediation Judicial decision Role adjustment
CLC: D925.14
Type: Master's thesis
Year: 2010
Downloads: 74
Quote: 0
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Abstract


This article mainly reviewed the mediation institution in different historical context, its functions and role to play, at the same time, focusing on the analysis of "conciliation" the background, mediation in the context of the harmonious society and practical results of the advantages and disadvantages.That the mediation institution in china, exist inevitability and rationality,And it is most important dispute resolution mechanisms in the course of the special transition period. It bears the country lead to the rule of law society’s responsibility. but if the mediation mechanisms transcend its’ functional areas and applying scope,and carried out by a series of implementation mechanisms and technology, not only violates the principle of civil procedure, but also absurd the purport of the mediation mechanisms design.Therefore, the article argues mediation in certain cases of dispute may be in effective but could not apply in all cases. So, mediation policy should be based on voluntary basis. On the basis established policies,not only conform to the law nicely,but also intrinsically and unitedly follows the mediation system itself.

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