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Researchers On The Stsyem Of Civial Reconliation

Posted on:2011-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:J T ShangFull Text:PDF
GTID:2166360308953800Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Produce any system all have their root cause, of course, that the settlement of litigation. The first generation and the Western community action settlement system, is affected by socio-economic impacts of capitalism. The occurrence of the economy has brought changes in social relations, such rapid changes in social relations has led to the emergence of a large number of disputes, it was called "litigation explosion" of the times, the face of the emergence of so many disputes, the courts have so overwhelming, it brought to the enormous pressure. Traditional litigation model remains difficult to deal with such a dramatic increase in social disputes, the superiority of consensual dispute resolution model has been an unprecedented manifestation of this action settlement system to adapt to changing requirements, then spread rapidly in the West, for many accepted by the State. After that, the great role of litigation settlement system has been most vividly the expression of its function to play for the social stability has played an irreplaceable role. The transformation of our country's social structure, the history of Western social problems arising from the same must be staged in China. For a number of powerful features and advantages of the litigation settlement system, China is still unable to form a scientific understanding to be established and constructed, this can not be said that a defect in our judicial and losses. Simple legislation is difficult to make such a system in our country have specific application and development of the face of this situation, I believe that it is necessary to our existing litigation settlement on strengthening and improving legislation, combined with China's specific national conditions in reference the advanced experience of Western countries on the basis of design for our specific system, so that the system could be effective in our use of play out of its powerful function and social function of justice. It is in this context, the author from the basic content of civil reconciliation paper discussed the concept of reconciliation on the proceedings, characteristics, nature and function of a series of problems. Subsequent Civil Action Reconciliation were compared in order to be able to build our scientific and rational action settlement system provides a little experience, to promote the development of this system in China.Given the many advantages of civil reconciliation there, we need to build from this system in our country and make continuous development and improvement. In view of the civil settlement system has serious problems, the author conducted a serious, detailed and clear analysis, so that we fully and clearly recognize its own shortcomings and specific crux of the problem. Following this argument, the author of Action Reconciliation for the problems of China's action settlement system construction and improvement recommendations.
Keywords/Search Tags:Agreement, Litigation settlement, Civil action, Perfect
PDF Full Text Request
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