论我国多元化调解制度之完善
发布时间：2018-10-08 09:25
【摘要】：纠纷,是一种对立或冲突。微观上讲,会对社会成员的个人利益产生影响;宏观上讲,将影响社会秩序的稳定。如何有效的化解纠纷,是社会管理者要思考的问题。司法途径可以为纠纷解决提供最权威的方式,但单纯依靠司法途径以判决方式解决社会成员不能自行处理的所有纠纷是不现实、也是不理性的。调解是在第三方协助下,当事人合意解决纠纷的方式,这一纠纷解决方式以其独特的优势受到广泛关注,并为许多国家和地区的立法所认可。调解这一纠纷解决方式,在我国有着悠久的历史,被誉为“东方之花”,如今,这株“东方之花”在很多发达国家和地区绚烂绽放,大有“青出于蓝而胜于蓝”之势。我国目前的调解制度已经呈现出多元化特征,民间纠纷解决机构、行政机关、司法机关都积极加入到这一纠纷解决实践中,如何完善这一制度,是本文要论述的问题。 本文内容共分为四章,第一章讨论了通过调解解决民事纠纷的合理性以及调解相较于诉讼在纠纷解决中的优势;第二章主要介绍了美国、日本等发达国家和地区的调解制度,并对其特点进行了简要阐述;第三章论述了我国现行法律框架下的调解模式,并对其不足之处进行了分析;第四章分别论述了对民间调解、行政调解、法院调解在现有法律框架内进行改革与完善的路径。
[Abstract]:A dispute is a kind of opposition or conflict. Microscopically, it will affect the personal interests of social members; macroscopically, it will affect the stability of social order. How to resolve disputes effectively, is a social manager to consider the problem. Judicial channels can provide the most authoritative way for dispute resolution, but it is unrealistic and irrational to rely solely on judicial means to resolve all disputes that social members cannot handle by themselves. Mediation is a way to settle disputes with the help of third parties. This dispute resolution method has been widely concerned with its unique advantages and has been recognized by many countries and regions. Mediation, which has a long history in China, is called "the flower of the east". Now, the "flower of the east" blooms brilliantly in many developed countries and regions. At present, the mediation system of our country has shown the pluralistic characteristic, the folk dispute settlement organization, the administrative organ, the judicial organ all positively participates in this dispute settlement practice, how to perfect this system, is the question to be discussed in this article. The content of this paper is divided into four chapters. The first chapter discusses the rationality of resolving civil disputes through mediation and the advantages of mediation over litigation in dispute resolution. The second chapter mainly introduces the mediation system of developed countries and regions such as the United States, Japan, etc. The third chapter discusses the mediation model under the current legal framework of our country, and analyzes its shortcomings; the fourth chapter respectively discusses the folk mediation, administrative mediation, Court mediation in the existing legal framework to reform and improve the path.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
本文编号：2256261
[Abstract]:A dispute is a kind of opposition or conflict. Microscopically, it will affect the personal interests of social members; macroscopically, it will affect the stability of social order. How to resolve disputes effectively, is a social manager to consider the problem. Judicial channels can provide the most authoritative way for dispute resolution, but it is unrealistic and irrational to rely solely on judicial means to resolve all disputes that social members cannot handle by themselves. Mediation is a way to settle disputes with the help of third parties. This dispute resolution method has been widely concerned with its unique advantages and has been recognized by many countries and regions. Mediation, which has a long history in China, is called "the flower of the east". Now, the "flower of the east" blooms brilliantly in many developed countries and regions. At present, the mediation system of our country has shown the pluralistic characteristic, the folk dispute settlement organization, the administrative organ, the judicial organ all positively participates in this dispute settlement practice, how to perfect this system, is the question to be discussed in this article. The content of this paper is divided into four chapters. The first chapter discusses the rationality of resolving civil disputes through mediation and the advantages of mediation over litigation in dispute resolution. The second chapter mainly introduces the mediation system of developed countries and regions such as the United States, Japan, etc. The third chapter discusses the mediation model under the current legal framework of our country, and analyzes its shortcomings; the fourth chapter respectively discusses the folk mediation, administrative mediation, Court mediation in the existing legal framework to reform and improve the path.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
【引证文献】
相关硕士学位论文 前2条
1 徐前贞;论农村土地承包经营纠纷的调解[D];浙江农林大学;2012年
2 徐艳;论消费纠纷行政调解与司法程序的衔接[D];湖南师范大学;2012年
，本文编号：2256261
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