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The practice that mediates a system and perfect
From;    Author:Stand originally

The practice that mediates a system and perfectContent abstractContent abstract: Justice and efficiency are the lasting subject that people court wooes. The article tries to be discussed from the angle of court of people of flag of court of beautiful brook people how does efficiency improve while the court is holding to justice, carry out goes " judicatory is civilian " .

Carry out goes " judicatory is civilian " .. Thematic wordThematic word: Mediate court of system flag people

One. Foreword

Since had human society, had issue. Dispute is phenomenon of a kind of society, tell from sociological meaning, dispute is a kind of when specific social main body is based on an interest to conflict and arise bilateral antagonism behavior. The happening of dispute, mean the order of harmonious and balanced state inside certain limits to be broken; The happening of dispute, also mean dispute to solve the occurrence of the mechanism. Because human society always was full of complex interest to conflict, because the property of conflict, form and intense level are different, the method that settles dispute, means also is diversiform necessarily. In the society intense opposed circumstance falls, the the most effective, most immediate step that settles dispute can be war or force are suppressed only; In the society with the relatively main effect that studies in the person, the authoritative command of cacique and policy are the highest method that settles dispute; It is in the social environment with autonomic stronger sex, the means of harmonious sex, mediation sex fits the need of main body more; And in modern society, lawsuit tries what be acted according to to be most lineal, fair, authority to settle way. However, modern law society also is multivariate society. The diversity of interest and conflict, diversity that social main body concerns and viewpoint of value and the diversity with traditional culture, ask modern society must answer the complex demand that dispute resolves, reasonable allocation to use judicatory resource, while with judicatory proceeding is core, develop a variety of blame lawsuit dispute to settle a program (ADR) action.
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