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The people's court annexed mediation System

Author: ChenHaoBing
Tutor: ChenHouSheng
School: Fudan University
Course: Legal
Keywords: Court-Annexed Mediation judicial backgrounds Jurisprudential Basis
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 79
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Abstract


Mediation System has a long tradition in China and gains reputation of Oriental Experience in international community. It has been established and developed according to Chinese traditional mediation system under the influence of the concept of alternative dispute resolution. Under the background of building a harmonious society, court-annexed alternative dispute resolution (ADR) conforms to the current social value and demonstrates judicial practicability and positivity. In the meantime, the system explores the convergence of litigation and non-litigation practices and has great significance on peacefully settling disputes, achieving optimal management of judicial resources, improving judicial efficiency, saving judicial costs and the like. Although courts all over the country have explored to establish the court-annexed mediation system since 2003, it still leaves a large room to expect due to the lack of a unified system model and scientific theories.With theoretical analysis of the court-annexed mediation system, some tentative ideas are offered to perfect the system on the basis of comparing relevant systems of other countries and districts ruled by law, summing up its defects and probing into the major courts.This paper is composed of five chapters, and the structure of the paper is as follow:Chapter One expounds the basic theories of court-annexed alternative dispute resolution. It deals with the concept and features of the system and elaborates on its values and social functionsChapter Two gives a brief introduction of the relative systems in other countries and areas like America, Japan and Taiwan. We should draw on the useful experience of foreign counterparts and perfect our own system.Chapter Three is mainly about the judicial backgrounds of the system, reflecting the defects of the existing system and the changes in judicial policy in the current context of social transformation as well as briefly introducing the major methods and experience of several typical courts.Chapter Four analyses the rationality of the system and points out its systematic constructing principle, thus offers the jurisprudence analysis on the system.Chapter Five puts forward, in general, the fundamental principles of specific procedures of court-annexed dispute resolution system, the scope of mediation, the issue of subject and so on. It regulates the system from the start to the end of the legal procedure and then puts forward the supporting systems to guarantee its proper functioning.

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