La conciliación extra judicial como mecanismo alternativo de solucion de conflictos en materia penal privada
The themeraised in this thesis called: "Extra Judicial conciliation as alternative dispute resolution in private criminal mechanism", is significant, is our understanding that the State is responsible for and maintainer ofthe administration of Justice in our country this work done through...
में बचाया:
| मुख्य लेखक: | |
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| स्वरूप: | bachelorThesis |
| भाषा: | spa |
| प्रकाशित: |
2016
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| विषय: | |
| ऑनलाइन पहुंच: | http://dspace.unl.edu.ec/jspui/handle/123456789/13265 |
| टैग: |
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| सारांश: | The themeraised in this thesis called: "Extra Judicial conciliation as alternative dispute resolution in private criminal mechanism", is significant, is our understanding that the State is responsible for and maintainer ofthe administration of Justice in our country this work done through the Judicial function, it is not surprising that merely find needed in a legal process is facing a number of obstacles by the cumbersome and problematic that it tends to develop, is so many of the causes that new entrants do not end and have better luck takes too long to resolve; the disorganization of the judicial system, poverty in work, absence of research methods instruments, have shown a budgetary and bureaucratic burden in our judicial system. Faced with such problem in Latin American countries where the administration of Justice has not responded according to social demands, and the need of copar this vacuum, with the support of the State they have promoted the use of alternative mechanisms to the ordinary courts for the settlement of their disputes, notably the arbitration, conciliation and mediation; Colombian legislation requires the implementation of these mechanisms as requirements for the procedural stage so the Colombian criminal procedure code determines that the conciliation procedure pre is requirement of procedural for the exercise of the criminal action of querellables offences. Ecuador while he contemplates the use of these alternative mechanisms within the judicial and extra-judicial its application is optional, and is determined by article 190 of the Constitution of the Republic: recognizes the arbitration, mediation and other alternative procedures for the settlement of disputes. These procedures apply subject to the law in areas in which by their nature can compromise. Theoretical and field of this thesis work allowed me to obtain criteria, with clear and precise, Fundamentals of recognized bibliography, which contributed to the verification of objectives, and contrasting of the posed hypotheses. The content of the thesis is an intellectual effort of the applicant within the scientific and methodological, theoretical and empirically; in such a way that it addresses allows me to conclude that the use of extrajudicial conflict resolution media, does not deny the possibility of judicial, but on the contrary seeks to the strengthening of the judiciary as effective means of conflict resolution because the judicial workload can be reduced by its use. Likewise seeks to neutralize the diversity of conflicts leading to an agreement between the parties. |
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