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Judicial ADR research

Author: YangQiong
Tutor: ZhangWuSheng
School: Fudan University
Course: Legal
Keywords: Judicial ADR Commissioned Mediation Agreement Confirmation
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 154
Quote: 0
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Abstract


Judicial ADR is of great significance in reducing lawsuit cost of parties, decreasing confrontation between parties, economizing national judicial resource and alleviating lawsuit delay. Although some courts have put judicial ADR into practice in our mainland, and have made great achievements, this Judiciary practice is just in the spontaneous status, lacking the unified framework and procedures for operation. The mechanism needs further demonstration and we should strengthen the study. Judicial ADR is the keynote of the paper and will focus on its nature, characteristics, function and so on. Based on the study of relative system of other countries and districts and the summary of the present trial modes of our country, the purpose of the research is to outline feasible model and operation method and thus, prove the construction of judicial ADR system in our country.The article is divided into four chapters. In the first chapter, the author firstly defines the intention and of characteristics Judicial ADR. It is a system annexed to court, and is a little connected with action procedure, and is a quasi-judicial dispute resolution method that parties make dialogues and resolve dispute by judgment of action procedure. Then the author explains nature and functions of Judicial ADR.In the second chapter, the author introduces the current situation and the utilizations of Judicial ADR existing in the two representative legal families. Through this introduction, the author offers to the reader much experience which can be helping during the construction of Judicial ADR in our country.In the third chapter, the author studies the past and present situations of Judicial ADR in our country. By analyzing the problems of legislation and judicial practice, we can provide the basis of theory and practice for the construction of Judicial ADR in our country.In the fourth chapter, the author comes to the conclusion that three principles should be complied with in the construction and completion of Judicial ADR in China. Considering the problems of legislation and judicial practice, the author puts forward the proposal of reconstructing Judicial ADR, including legislation, scope of accepting cases, qualification, procedure and others.

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