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On Judicaial Mediation Of Rural Grass-roots Courts In Civil Litigation

Posted on:2009-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:X L YanFull Text:PDF
GTID:2166360275472216Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Based on rural grass-roots court system for judicial mediation of concerning, this paper inspects its operation in the actual conduction in rural grass-roots .using empirical analysis and process analysis method, we want to convey the fact that the operation of rural grassroots courts mediation starts in the interaction between the external social factors and the subject in this system. The interaction between both parts has a relevance in the specific case, it is also an association with strong randomness.Through this paper, the investigation and analysis of conciliation can be divided into two levels, First of all, it tries to introduce some problem that judges own preferences and decided on adjustable mediation cases and some restrictive factors which may affect the judicial mediation and make a brief analysis. Second, on how to reach a conciliation, the judges and the parties in specific cases in the attitude of conciliation and mediation strategy to sum up. At the same time, reference people's understanding of the judicial mediation and evaluation, based on material evidence to verify analysis. Finally, from the standpoint of the rule of law, evaluation and reflection the operation of judicial mediation system in the rural community, pointed out the problems and possible direction of development which need to attention in the judicial mediation system reformation.The thread of this paper is try to through the combination of empirical analysis and process of analysis, opened shrouded in a veil of judicial mediation system, return to a reduction in specific judicial scene, from a personality characteristics of the people of the true implementation of the judicial mediation process .Based on this , I try to point out people's basic understanding of the judicial mediation and criticism, expectations and ideas, have a meaning or there may be limitations.
Keywords/Search Tags:Rural grass-roots court, Judicial mediation, Rule of law, Empirical analysis, Progress analysis
PDF Full Text Request
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