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The Revival Of People's Mediation System And Difficulties

Posted on:2011-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:X K TanFull Text:PDF
GTID:2206360308454479Subject:Law
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This article is based on empirical research in people's mediation of Chaoyang District, combined with the related theory of people's mediation, analyses the reasons of the people's mediation system's vigorous growth, and analyses the function and the existing limitations of the people's mediation system. This article put forward suggestions that how better to play the role of people's mediation; reduce the cost of litigation; saving the litigation resources.This article is divided into three parts. The first part: combining the development process of people's mediation system of Chaoyang District, research the origin and development of evolution of people's mediation system, analysis the development stages of people's mediation since the establishment of new china. In the second part, analyses the reason for the expanding of people's mediation working areas, briefly talking about the theoretical basis and the practical effect. The third part is the key. Analysis the existing problems and puts forward the corresponding suggestion. The core of the People's mediation further development and reform is system construction, personnel quality, guarantee mechanism, validity of agreement, multiplex dispute resolve system and social orientation. Among them, the systematic construction is the premise, guarantee mechanism is the foundation, staff quality and validity of agreement is the essential factors, multiplex dispute resolve system construction is the external power, social orientation is the important condition. Only solve those existing problems, the people's mediation can play better efficiency and cost advantages, and prevent and dissolve the dispute.Based on this research, first, future development direction of people's mediation system is the standardization and legalization. The form and working methods condition of traditional mediation organization has been difficult to meet the needs of resolving disputes, must strengthen the team building and financial support and guide to the standardized development road. Secondly, to construct the multiplex dispute resolve system base on people's mediation system can meet the social needs of resolve disputes. The disputes presents diversification, complicated characteristics, such as pure litigation or mediation all could not solve disputes and appease conflict. At the same time, based on the diverse needs for dispute solution, integrating administrative, judicial mediation, building multiplex dispute resolve system is the necessity of the social development. Finally, the objective understanding of mediation is the basic requirements for the health development. Scientific knowledge in the status and function of mediation, arbitration and litigation in the disputes solving system, seeking a road in the relatively independent and collaboration, in order to build the sustainable development of the law and the ecological balance of dispute resolution.
Keywords/Search Tags:Chaoyang District, people's mediation, multiplex dispute resolve system
PDF Full Text Request
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