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A Study of the Perfection of China’s Court Civil Mediation System

Author: ZhuXiangDong
Tutor: LiuZhiGang
School: Hebei University
Course: Legal
Keywords: Civil Mediation System Civil action Mediators Trials. ADR Mediation agreement Civil dispute Judge Assistant Application of the law Civil cases Mediation work Oriental Experience To ascertain the facts Grassroots mediation organizations Jurisprudence Difficulty in enforcement Administrative mediation Social contradictions Collegiate bench duties Jurist
CLC: D925.14
Type: Master's thesis
Year: 2010
Downloads: 184
Quote: 0
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Abstract


As China’s civil court mediation system to resolve civil disputes in an important way, has long played an important positive role. The integration of emotion in the stable order, and in a timely manner to resolve social conflicts and other aspects play an important role, by foreign as the "Oriental Experience", to learn and use. Chinese courts at all levels of the mediation system in maintaining China’s social and economic stability in order to play a huge role in the effective maintenance of social harmony and stability.There have been some famous jurists of the ADR questioned in particular the jurisprudence cited more professors at Yale University in thesis in 1984 "against conciliation", ADR and mediation itself based on the limitations of the legitimate questions raised, the main mediation Duiyu justice and the rule of law possible negative meaning, but now the development of these mediation Concept Obstacle have been removed and there is sufficient empirical evidence Biaoming mediation in the rapidly developing and deeply welcomed by the parties; the current law and the legal profession, the academic group itself, through empirical research and observation of changes in the attitude of mediation, from the initial high degree of vigilance and criticism into positive support; now been fully aware of the community mediation value, there has been a growing number of social factors contribute to the development of mediation; mediate the actual results show that the advantages outweigh the disadvantages. Experiences from various countries, the concept of change for mediation in the legal profession has followed the judge - lawyer - lawyers. It can be said for the value of mediation, the discussion function, regardless of the current domestic and international are at an unprecedented good public opinion environment, whether it is academics or practitioners are based on the affirmation of the mediation to discuss how to improve the mediation system, fully Mediation should be the value of play.The author is the court staff, a profound sense in practical work and re-structure Chung-hing, civil mediation system for the courts out of the difficulty in enforcement, the growing number of law-related petition, the court decreased the image of the plight of justice is not only feasible but also very necessary, also in line with the direction of the modern rule of law. In this paper, I put forward a sound system for our specific ideas of Mediation, in order to achieve the Court Mediation in civil proceedings in the value and status ought to give full play in building a harmonious society in unique features

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