留学生法律判决作业 [3]
论文作者:英语论文论文属性:作业 Assignment登出时间:2014-09-28编辑:zcm84984点击率:10603
论文字数:3199论文编号:org201409271708533804语种:英语 English地区:澳大利亚价格:免费论文
关键词:Law EssayJustice民事审判建立法治司法保护
摘要:本文是一篇留学生法律判决作业,通过争端解决来达到正义,有效地实现正义是建立法治的基本条件之一。在过去,获得司法保护的权利基本上几乎完全意味着愤愤不平的个人正式提出诉讼或索赔辩护的权利,这是在严格的法律条款中规定的。
t is new is the extensive promotion and proliferation of ADR models and its increased uses.
During the British period, in 1870 [20] , the Panchayat system was introduced to manage and rule the area for its collection of revenue. The Panchayat system was used to resolve minor disputes within their area, and the major disputes were forwarded for legal procedures. In 1919, the Bengal Village Self Government Act was introduced and Union Courts were set up to resolve disputes locally. [21]
Later, the government established the Rin Shalishi Board to keep peasants free from the money lenders and to avoid clashes. Later, The Muslim Family Laws Ordinance of 1961 [22] and the Village Court Act of 1976 [23] were introduced and authority was vested in the Chairman of Union Parishad to try petty local cases and small crimes committed in their area and take consensual decisions. These were later strengthened in 1985 with additional power to cover women and children’s rights. The village court consists of Union Parishad Chairman, members and representatives from concerned parties. Under the Village Court Act of 1976, the village court has the necessary jurisdiction to try disputes over property with a valuation ceiling of Tk. 5,000. The village court also has power to summon a person to stand as a witness and can impose a fine of up to Tk. 500 on contempt charges. [24]
The Family Courts Ordinance, 1985 has conferred jurisdiction on the trial Judge to effect reconciliation between the parties both before and after trial. In addition, the Ordinance dealt with divorce, restitution of conjugal rights, dower and maintenance and custody of children. Sections 10 and 13 of the Family Courts Ordinance are notable provisions that call for mediation and arbitration by the court. Sections 6, 7, and 9 of the Muslim Family Law Ordinance also talk about Arbitration Council in Union Parishad. [25]
The Salish Ain 2001 or the Arbitration Act 2001 [26] , a new law which provides for International Commercial Arbitration between a citizen or an organization of Bangladesh versus a foreigner, foreign resident, foreign company, foreign controlled company, or firm and a government of foreign State. This provision is in addition to the arbitration between the citizens or organizations of Bangladesh and for execution of an award of arbitration as a decree of the court [27] .
The Code of Civil Procedure (Amendment) Act 2003 [28] was introduce through sections 89A and 89B, especially mediation or arbitration more effective in all kinds of non-family litigations. At any time after a written statement is filed, if all the contesting parties are in attendance in the court in person, or by their respective lawyers, (a) the court may mediate the dispute (b) or refer the dispute to the engaged lawyers of the parties (c) or to the parties themselves where no lawyer has been engaged (d) or to a mediator from a panel prepared by the District Judge in consultation with the President of the District Bar Association accordingly the civil courts started mediation in non-family disputes since the 1st January, 2003. As of 31st December 2007, non-family litigations have been disposed of by mediation. In addition, the Code of Civil Procedure (Amendment) Act 2006 [29] was introduced through sections 89C that mediation in the appeal.
In 2003, Chief Justice Mainur Reza Chowdhury called on all to practice ADR me
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