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On The Court Mediation System Reform And Improvement

Posted on:2009-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:H N SunFull Text:PDF
GTID:2206360272955976Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Court Legal Mediation System plays a vital role in the civil action practice of China. In judicatory practice, a lot of civil and economic cases are solved through mediation. Court Legal Mediation System of China is the development of the good tradition and successful experience of the judicatory work during the long period. However, with the development of the economy, the defects of this system have been more obvious. Therefore, how to reform and improve the Court Legal Mediation System in order to adapt to the current development of the society is the topic of this paper.This paper first summaries the court legal mediation, including its concept, social origin and development. Second, it analyzes the status of court mediation and its tendency of development in the modern judicatory system through analyzing the value, advantages and disadvantage of court mediation and synthesizing the practice of court mediation, Third, this paper covers the various regulations of mediation in and out of China, analyzes the legislative regulations of court mediation in and out of China, and points out the defects of court mediation in China. Finally, this paper reforms and improves the court mediation system of China based on the current situation of China, with a reference to the relative regulations of the foreign countries.The writer thinks that the reformation of court legal mediation system of China can not be done once and for all. Therefore, the emphasis of this part is to perfect the existing civil litigation legal mediation system, and to try the conjunction between court legal mediation, people mediation and executive mediation.
Keywords/Search Tags:mediation, court mediation, conciliation of litigation
PDF Full Text Request
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