沈阳工业大学学报(社会科学版)Issue(5):449-453,5.DOI:10.7688/j.issn.1674-0823.2014.05.11
论我国多元化纠纷解决机制的完善
On perfection of diversified dispute settlement mechanism in China
摘要
Abstract
Nowadays, the framework of diversified dispute settlement mechanism has been established in China, but there is something to be improved in institutional perfection both in the application of specific way and the connection of litigation and non-litigation measures. The litigation institution should be perfected from aspects of proper allocation of judicial power, division of investigation and trial of the court, and further optimization of judicial function, etc. The keys of perfecting people’ s mediation system are perfecting the network layout of people’ s mediation organization, improving the service quality of mediating personnel, standardizing the work procedure of mediation, and enlarging the organizational basis and work range of people’ s mediation. The perfection of arbitration system mainly includes refining the subject of arbitration, establishing the identity system of arbitrator, realizing the non-administration of arbitration, and establishing arbitration association, etc. The perfection of negotiation mode mainly means solving the problem of validity recognition of agreement. The perfection of administrative adjudication system should started from giving independent status to administrative adjudication subject, enlarging the applicating range of administrative adjudication, and standardizing the procedure of administrative adjudication. In addition, the connection of litigation and non-litigation measures should be paid attention.关键词
法律纠纷/纠纷解决机制/司法权力/诉讼/人民调解/仲裁/和解/行政裁决Key words
legal dispute/dispute settlement mechanism/judicial power/litigation/people’s mediation/arbitration/negotiation/administrative adjudication分类
社会科学引用本文复制引用
李丽峰,陈佳丽..论我国多元化纠纷解决机制的完善[J].沈阳工业大学学报(社会科学版),2014,(5):449-453,5.基金项目
辽宁省教育厅科学研究一般项目(W2012007)。 (W2012007)