| Summary: | 碩士 === 國立高雄大學 === 法律學系碩士班 === 102 === The Township Mediation System is an indispensable instrument used by local self-governing bodies to support the central government administration. It is also a most flexible, economic, practical and frequently used mechanism in Taiwan to solve the private disputes among people. The system contributes significantly to promoting the harmony of local society and assists the judicial authorities in curtailing lawsuits. For a system, the key for success lies with the positioning and structure of its executing agency, which drive the operation of the entire organization and determine the ultimate goals of the whole system. From a legal perspective, therefore, how should a Township Mediation Committee be positioned to accommodate the actual requirements? It is an issue worthy of further study, to ensure the proper positioning of the Committee.
There are six chapters in this paper. The first chapter, the “Introduction,” highlights the motivation, purpose, scope, methodologies and structure of the research. The second chapter discusses the relevant documentary review. The third chapter provides explanation on the basic theories relating to the Township Mediation Committees, including the origin and development of the Committee, its implications, characteristics, strengths and weaknesses. The fourth chapter contains a discussion of the legitimacy of the Township Mediation Systems, including the legal characteristics of the mediation behaviors and their implications on litigation rights, the relationship between the township mediation rights and the litigation rights, as well as a conclusion (legitimacy of the system). The fifth chapter probes the positioning and operation of the Township Mediation Committee from a legal perspective, including the organizational structure, operational procedures of the Committee, the mediation effectiveness and remedial actions in case of defects in mediation. The conclusions of the study and relevant recommendations are provided in the sixth chapter.
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