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The Function Of The People’s Mediation System And Value Of Research

Posted on:2015-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:J X WuFull Text:PDF
GTID:2266330428978727Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Mediation refers to a third party by persuading advice, troubleshooting and persuasion, to promote the parties mutual give-and-take well, equal consultation, so as to resolve the dispute activities. This is an important way to resolve disputes. According to the relevant laws of China, mediation can be divided into people’s mediation, to the new-democratic revolution, the people’s mediation was not only a way to resolve the dispute, it has become a kind of concrete system. Issued the "People’s Mediation Law" is to make the system of people’s mediation be strong. The people’s mediation system in the process of its development has encountered setbacks, but soon to continue its rapid growth. Contemporary scholars in the study of the function of the people’s mediation system, they mainly focus on research and exploration of the social and political function of people’s mediation system, and I believe that the social function and political function are certainly an important functions of people’s mediation system, but the modern people’s mediation system based on law, legal support, so the function of people’s mediation system in addition to the social and political functions, the legal function should be the most direct and the most important functions. Legal function of the people’s mediation system include dispute resolution, crime prevention, and to make up the insufficiency of judicial practice, the performance of the function of these laws have shown a direct nature and importance of the legal system of the people’s mediation function. In our advocate the era of building a harmonious society, the people’s mediation system is not everything, but without the people’s mediation system is also absolutely not.For discussion of this article, the author on the basis of conciliation, first of all to the people’s mediation system in theory of deconstruction, analyze the concept of people’s mediation, the nature and characteristics; To the research on method of source of people’s mediation system as the foundation, to the modern people’s mediation system in-depth discussion; Then the comprehensive understanding of the people’s mediation system function, put forward my own views and discussion; Finally, from the theoretical point of comparative analysis to explore the limitations of the people’s mediation system function of the obstacles and overcome. While clearly the people’s mediation system function value goal, in order to remedy.
Keywords/Search Tags:Mediation, People’s mediation, Resolve the dispute, Legal functionSocial function, Political function
PDF Full Text Request
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