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A Study on the Development Process of the People's Mediation System
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중국인민조정제도의 발전과정에 관한 소고

논문 기본 정보

Type
Academic journal
Author
Jang Yeon-Mi (대구지방법원 서부지원 조정전담변호사)
Journal
The Institute of Comparative Law and Legal Culture, Dongguk University 비교법연구 비교법연구 제23권 제1호 KCI Accredited Journals
Published
2023.4
Pages
373 - 410 (38page)

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A Study on the Development Process of the People's Mediation System
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The People’s Mediation System involves People’s Mediation Committees resolving private disputes by allowing the parties to voluntarily reach a mediated agreement under the principle of equal negotiations through persuasion and communication. This is one of the alternative dispute resolution methods widely used in Chinese society and is vital in the Chinese legal and social management system. In the Chinese government, the People’s Mediation System is responsible for social stabilization and management, social service provision, and legal dispute resolution. The main reasons for its widespread use have been the public’s trust in it and its authority in terms of sociopolitical functions. However, various sociopolitical changes such as the collapse of the legal system and the development of the market economy have eroded this trust and authority; in other words, the public no longer favors such a chaotic and possibly unfair dispute resolution method. The Chinese government has been making various efforts to improve the utilization rate of the People’s Mediation System to reduce courts’ workload due to the surge in civil disputes and to resolve the appeals; yet, the system still does not have the same solid dispute-resolution function as in the past. Since it is no longer possible to improve the system’s utilization rate in the same way as in the past due to rapid changes in the social environment, this study was conducted to examine the impact of the Chinese sociopolitical system on the People’s Mediation System and explore ways to reflect the sociopolitical changes to re-establish public trust and authority.
#인민조정제도 #대체적 분쟁 해결 #인민조정위원회 #신뢰와 권위 #The People's Mediation System #alternative dispute resolution #People's Mediation Committees #trust and authority

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