1999Journal of Shantou UniversityRequires access

Recognition of the principle of mediation by court in civil procedure

Shao Jun-wu

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Abstract

Settling civill disputes through mediation was a fine tradition in the liberated area and isa basic principle and systen for civil lawsuit legislation in China. For a long time, however, law circleshave been emphasizing one-sidedly the inheritance and development of this special phenomenon inprocedural laws horn of specific historical conditions, so much so that legislators have resorted simply torevampment of system and norm by refining upon the wording even when there hav occurred mp lawsuitpracties that run counte to the original intention of the legislators and to the principle of law. This paperattempts an introspection into the problem of mediation by court rationally and objectively so as to explorea new route for the sound development of mediation by court.

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Settling civill disputes through mediation was a fine tradition in the liberated area and isa basic principle and systen for civil lawsuit legislation in China. For a long time, however, law circleshave been emphasizing one-sidedly the inheritance and development of this special phenomenon inprocedural laws horn of specific historical conditions, so much so that legislators have resorted simply torevampment of system and norm by refining upon the wording even when there hav occurred mp lawsuitpracties that run counte to the original intention of the legislators and to the principle of law. This paperattempts an introspection into the problem of mediation by court rationally and objectively so as to explorea new route for the sound development of mediation by court.

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Available abstract

Settling civill disputes through mediation was a fine tradition in the liberated area and isa basic principle and systen for civil lawsuit legislation in China. For a long time, however, law circleshave been emphasizing one-sidedly the inheritance and development of this special phenomenon inprocedural laws horn of specific historical conditions, so much so that legislators have resorted simply torevampment of system and norm by refining upon the wording even when there hav occurred mp lawsuitpracties that run counte to the original intention of the legislators and to the principle of law. This paperattempts an introspection into the problem of mediation by court rationally and objectively so as to explorea new route for the sound development of mediation by court.

Key concepts: Law, Mediation, Introspection, Lawsuit, Legislation, Political science, Norm (philosophy), Law and economics

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