The inherent difficulties and breakthrough of the People’s mediation system
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    Abstract:

    Here and now, People’s Mediation System in China has declined irreversibly. It also aggravates the Litigation Explosion that the masses’ law consciousness turns from obscure into concrete. The research and practice of Alternative Dispute Resolution, as an academic movement, have once been compelling, but they have fallen in deep water because they fail to join the Civil Procedure or become systematic. Many people’s intercession organizations work part-time or even are laid idle. Starting with reforming the court’s function, this article appeals to build the Tridimensional Dispute Resolution System and exert Flexible Judicature to enable the court to provide diversified proceedings, giving and respecting the parties’ autonomy in settling the dispute. The implementation of Flexible Judicature could help to relieve the lawsuit pressure, resolve conflicts in depth, stabilize the social order, and satisfy people’s needs of Alternative Dispute Resolution. Also it is the coordination of values to guide the reform and progress of People’s Mediation System.

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蔡维力,郭甜.人民调解制度的内在困结与进路破解[J].重庆大学学报社会科学版,2015,21(3):114~120

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History
  • Received:November 04,2014
  • Revised:
  • Adopted:
  • Online: June 11,2015
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