Dissertation
Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law

Reconsideration on Civil Mediation System of China in Force

Author ZuoChuanWei
Tutor LiuYanFang
School Anhui University
Course Legal
Keywords Civil Mediation System Reflection Perfect
CLC D925.1
Type Master's thesis
Year 2011
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The dispute in human history is an objective existence, it not only can not be avoided, and moderate disputes has a role in promoting social progress. Since we can not avoid disputes, it is necessary to choose the dispute settlement mechanism to resolve the dispute in the life. Mediation as an important way of a traditional settlement of disputes in China has a long history, occupies a pivotal position in resolving disputes. The ancient mediation system built on the basis of the natural economy, in line with the rulers of the value of looking forward to the inevitable choice for the development of ancient Chinese history, \. Civil mediation system along with the success of the Chinese revolution gradually developed. After the founding of New China, the Civil Mediation has experienced a \Affected by the Trial Reform, theorists, practitioners in the period of time once despised mediation, the lead role of mediation to resolve disputes did not play very well. With the development of society, the importance of mediation is increasingly apparent, to carry out the work of mediation attention. To resolve social conflicts, the current civil mediation system has undergone a very important role, but there are also various disadvantages, such as judicial mediation rights between the parties the right to appeal is not clearly defined, the law of the legitimate principles of mediation and conciliation way phase departure from the scope of mediation too wide, etc., seriously restricting the mediation role of play in a certain extent, is not conducive to the construction of a harmonious society. To respond to the current mediation system to adapt to the development of the times, to be perfect. Perfecting the Civil Mediation System should be fairness and efficiency as the goal to strengthen the rights of the parties in the mediation and the weakening of the judge's power to proceed in mediation, to highlight voluntary principles for the direction. Establish mediation and trial separation process by establishing the principle of civil mediation, conciliation range, build reconciliation process, establish independent mediation program is different from the trial proceedings, the pre-trial preparation procedures into the mediation process, mediation and trial docking, give full play to the mediation system is superior and achieve \Civil Mediation System as a Chinese characteristics, high practical value of the litigation system, we need to practice from a variety of angles, the reform in order to improve, reform and improve the mediation system to comply with China's national conditions, and to comply with the rule of law and to Virtue both strategies, in order to facilitate better play the role of mediation system to resolve disputes, resolve conflicts, enhance unity, maintain stability, \

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