2004Unpublished venueRequires access

On the Improvement of the Court Mediation System

Deng Hui-hui

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Abstract

Court mediation has been established as a basic principle for the legal procedure of the civil lawsuit. However, during the judicial practice, there exist some lasting defects. Due to the many negative effects in the current situation, the law circles of civil affairs have made probe of the concerning issue with the proposition to substitute court mediation with conciliation, or to take the measure of separating the procedure of examination from lawsuit. In order to allow the system to play the due role, we should make a necessary improvement of the principle as well as the concrete working procedures of the system.

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What this paper is about

Court mediation has been established as a basic principle for the legal procedure of the civil lawsuit. However, during the judicial practice, there exist some lasting defects. Due to the many negative effects in the current situation, the law circles of civil affairs have made probe of the concerning issue with the proposition to substitute court mediation with conciliation, or to take the measure of separating the procedure of examination from lawsuit. In order to allow the system to play the due role, we should make a necessary improvement of the principle as well as the concrete working procedures of the system.

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Available abstract

Court mediation has been established as a basic principle for the legal procedure of the civil lawsuit. However, during the judicial practice, there exist some lasting defects. Due to the many negative effects in the current situation, the law circles of civil affairs have made probe of the concerning issue with the proposition to substitute court mediation with conciliation, or to take the measure of separating the procedure of examination from lawsuit. In order to allow the system to play the due role, we should make a necessary improvement of the principle as well as the concrete working procedures of the system.

Key concepts: Lawsuit, Conciliation, Mediation, Law, Civil procedure, Proposition, Political science, Philosophy

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