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Research On The "Combination Of Litigation And Conciliation Mechanism"

Posted on:2014-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y QiuFull Text:PDF
GTID:2246330395475401Subject:Procedural law
Abstract/Summary:PDF Full Text Request
In some point of view, is not enough resources resulted in various social contradictions,conflicts intensified, for the performance of the disputes and conflicts. The phenomenon ofsocial changes with each new day, cause all sorts of conflicts and disputes become more andmore complex, form is more and more, let "trial" in contemporary society has the mostauthoritative way to settle disputes have can’t satisfy the need of modern society. To make thesociety to be in a harmonious state, will effectively solve various disputes and contradictions,in order to keep the balance of the society. Contradictions are various in form, the solution ofcourse will have a variety of. To set a variety of effective way, make every kind of solutioncan play its role, and effective to solve various contradictions, in this context,"litigation butt"mechanism will emerge as The Times require."Litigation butt" in essence is to mediation and litigation mechanism effectively incombination to accusing the mechanism and action mechanism of the effective combination.At present,"v. adjustable mechanism" mechanism in the practice application of more hot,both positive and negative side, based on a lot of reading all kinds of literature, and on thebasis of analysis that,"v. adjustable butt" deficiency point lies in the role, scope, legal basisof these problems, the advantage is it has a confidentiality, autonomy and high efficiency.This paper for the value and role to give a preliminary analysis, think it is worth what it caneffective solve in succession, has its own characteristic and applicable scope, with the courtof final settlement of the consistent. In the end, the author from "v. adjustable butt" system inthe light of the actual conditions, and put forward the corresponding operation mechanism, itsoperation problem, this paper made the preliminary puts forward its start mechanism, acceptsthe mechanism, processing mechanism, incentive mechanism, appraisal and supervisionmechanism. This paper puts forward the launch of the "v. adjustable butt" mode should bedeal with "v. adjustable butt" mechanism of the institutions active intervention and the partiesconcerned apply two kinds of way, and, the former should be the main way, this disputeresolution and diversified characteristics conform to, can effectively make up for the court’spassivity faults. This paper also puts forward, resources, security, efficiency should be theprocessing mechanism characteristics, use3e the goal of change, to solve the ideal state of disputes; In the supervision mechanism, should be the external supervision and internalsupervision, combining let supervision mechanism to play its full role for the realization of "v.adjustable butt" value to provide security; Furthermore, the author puts forward the idea ofdiversified incentive mechanism, and its purpose is to motivate participants to make disputessettled satisfactorily; After that, this paper analyzes the mechanism of evaluation methods,and deemed that we should accept the case number and JieAnLv combination to reasonablemeasure staff performance, realize effective appraisal, arouse the enthusiasm of the staff andworkers. This paper at the end of "v. adjustable butt" of the operation mechanism of prospectmade a simple description.
Keywords/Search Tags:"V. adjustable butt" mechanism, Present situation, Active surface, Perfect, prospect
PDF Full Text Request
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