QUO VADIS CIVIL JUSTICE IN THE CURRENT SOCIETY?

서지정보

· 발행기관 : 중앙대학교 법학연구원 문화.미디어.엔터테인먼트법연구소
· 수록지 정보 : 문화미디어엔터테인먼트법 / 11권 / 2호 / 33 ~ 56페이지
· 저자명 : Silvia Barona Vilar

초록

In continental court System the monopolization of the process model within the framework of Civil Justice has been a reality. Civil justice was identified with the Process, linked to the idea of ​​"public service". But the great transformations of the 21st Century have been provoked by Globalization. A global and globalized society emerges, in which Justice systems are moving with efficacy and efficien cycriteria and with a tendency toward harmonization, if not homegenenization.
And, added to this, gradually new legal actors have been incorporating some functions that in the 20th century were of the exclusive jurisdiction of the State are now outsourced, such as notaries, registrars, mediators, arbitrators, etc appear and have a function in Justice. They were not part of the classical structure of Justice. The old paradigm of liberal justice, established by the State as a power structure, as a political entity, and guarantor of the rights of its citizens, is giving way to a different scenario in which the same States are giving up part of their sovereignty. Now the process is not the only way and judges are not only actors in the world of Justice. It is emerged a "megaconcept" of civil justice, in which ADR is a part of it. So, it integrates Jurisdiction and ADR, as a sort of Multi-door-Justice System. ADR methods contribute to a new perspective of Justice of the 21th century, a plural and global perspective, in which judicial process coexist with extrajudicial mechanisms that in some cases permit the avoidance of judicial actions and, in others, simply reduce them. However, there is an important risk: governments can have an economically driven vision of this integration between courts and ADR mechanisms. Public expenses could be reduced. This consideration is not bad, but could be dangerous if we are talki ng about Justice. The governments could seek more efficiency at a lesser cost and this would result in a gap between rich and poor.

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