A Comparative Study upon the Legal Mediation Regime of the Local Organs between the Both Sides of the Taiwan Straits
| Autor: | Wu, chun-jing, 吳純菁 |
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| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 Nowadays, people across the strait have frequent contact, and the conflicts and disputes arising from all kinds of cooperation and correspondences have increased as well. It is required for us to understand each other’s laws and regulations to rapidly resolve the disputes. This article sets out the comparison between the basic mediation system at the local level in Taiwan and Mainland China and explores the relationship and differences between the township and county-administered city mediation of Taiwan and people’s mediation of Mainland China. Through such comparison and mutual learning, mutual aid and systematic exchange are hoped to be achieved. This research first explores the township and county-administered city mediation of Taiwan and people’s mediation of Mainland China from the history of Chinese mediation system and introduces the development and features of each country’s mediation system, as well as the laws of current alternative dispute resolutions. Second, this research describes the history and current implementation of the township and county-administered city mediation of Taiwan and people’s mediation of Mainland China in details and then analyses and compares the two systems. In addition, the article discusses the legal effect, which is the most essential issue for alternative dispute resolution, of the township and county-administered city mediation of Taiwan and people’s mediation of Mainland China by analysing and reviewing the nature and effect of court approval for the township and county-administered city mediation and the nature and effect of judicial confirmation for people's mediation agreement. Finally, the article proposes suggestions relating to the township and county-administered city mediation of Taiwan and people’s mediation of Mainland China for the reference of cross-strait mediation legal system's development. Keywords：mediation, mediation committees, Alternative Dispute Resolution（ADR) |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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