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On The System Improvement Of Three Types Of Mediation Connection

Posted on:2011-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:J J WeiFull Text:PDF
GTID:2166330332963963Subject:Procedural Law
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In recent years, a new resolution mechanism of contradictions and disputes is rising. It is the connection of people's mediation, administrative mediation and judicial mediation. As we know, matter determines consciousness. So as the development of market economy, the people's conflicts are more and more complex, the original form of dispute resolution had been unable to adapt to the social reality completely. To solve the rising conflicts ,new resolustion mechanisms are needed. In recent years, the CPC Central Committee and some local government's call and support the three types of mediation combination.It gradually expands across the country, improving in practice. Now we are working hard to build a new socialist harmonious society and new socialist countrysides. The new mechanism meets the party's leadership, and is not incompatible with legal spirit. To study the new mechanism in the theory and practical operation is the direction of my effort.The key point of the new mechanism is "connection", which is the largest difference from other ADR characteristics, and also an innovation to the world's ADR. Its effectiveness largely dues to China's "one government and two courts", so the government can organize these organizations to participate in dispute settlement. In the mechanism, the people's mediation, administrative mediation and judicial mediation can be a whole. To improve the legal mechanism can rationalize the relationship between the various mediation organizations and fully mobilize the organizations active subjects, to achieve functional integration of various mediation resources. So the mechanism can maximize the funcion of mediation. To improve the new mechanism we must make the special law to clear about its scope, the personnel to organize, the agreement potency and so on. So each region in the practice can carry on the mechanism in the correct direction. When we formulate the special law,we must take the existing law as the basis, referring to the existing experience and lesson in recent years. Moreover, the improvement also needs localize its nature and function.More and more passionate legal graduates should be attracted to enter the basic orgnazation to increase basic units personnel . The material investment can safeguard the mechanism operate in normal procedure,so that the civil contradictory dispute will be solved in the basic unit.
Keywords/Search Tags:The mechanism of three types of mediation connection, The present situation, Theoretical analysis, The improvement
PDF Full Text Request
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