我國法院調解制度的透視與重塑——以湖南省中部地區(qū)某基層法院為考察對象.pdf

1、湘潭大學碩士學位論文我國法院調解制度的透視與重塑——以湖南省中部地區(qū)某基層法院為考察對象姓名：楊麗萍申請學位級別：碩士專業(yè)：民事訴訟法指導教師：廖永安20050928widely applied and exerted deep and positive influence， it still has some drawbacks. The dissertation expounded the questions existing in

2、 mediation from such two aspects as legislation and judicial practice，for example， basing on the loopholes in legislation， mediation has some questions on the procedural regulations for operation， the establishment of ke

3、eping-secret， the related supervisory restraint of mediation procedure， the confirmation of validity of mediation agreement ， which needed settling; and in judicial practice ， mediation actually obviously weakened the p

4、rotection for parties’ rights， the restriction of judger and the preventive function of adjudication supervision system and the effect of the reform of trial methods. III. the perfection and construction of court mediati

5、on system. Through studying the related court mediation system in foreign countries，the dissertation further expounded three kinds of viewpoints held by current scholars about the reform of court mediation system， “theor

6、y of cancellation”， “theory of separation”， and “theory of combination”. And combining with the practices of mediation system of the courts in our country， the dissertation finally reached how to prefect court mediation

7、system in our country. The dissertation suggested that we shall prefect court mediation in ideas from three angles as procedural justice， legality of substance， realization of effect. In system firstly we shall reform th

8、e principle of mediation， it is unnecessary to emphasize to find out facts and differentiate wrongs and goods; secondly， we shall reform the applicable scope of mediation reform ， re-define the scope of cases and stages