원문정보
A Legal Study on People’s Mediation System of China
초록
영어
The people’s mediation is the mechanism of dispute resolution participated by both state and society. Compared to judicial remedies and private relief, the people mediation is the intermediate zone between the national official authority and the folk unomcia1 authority, which reflects the harmonious relationship between the state and the society. Therefore, the people’s mediation is the third realm of dispute resolution.
Importance has always been given to people’s mediation. Being a historical approach to solve the disputes with a solid organization foundation, people’s mediation is supposed to play an important role in alternative dispute resolution. However, in recent decades, the power of people’s mediation has been declining.
Also, in the context of building a harmonious society, much importance has been attached to the efficiency of people’s mediation system. However, the intrinsic problems of the system itself and the new ones born with the reform all require immediate solutions. Therefore we must improve people’s mediation by strengthening its effect, constructing its system and guaranteeing its funds.
목차
Ⅱ. 민간조정제도의 주요내용
1. 민간조정위원회
2. 민간조정요원
3. 조정절차
4. 조정협의
Ⅲ. 새로운 민간조정제도의 특점 및 문제점
1. 민간조정위원회의 성격과 법적지위문제
2. 조정협의의 효력문제
3. 민간조정과 사법조정 및 행정조정의 연결문제
4. 민간조정요원의 자질문제
5. 경비지원문제
Ⅳ. 결론
참고문헌