The Problems And Solutions About The Peoples' Mediation Of Chinese Rural Society

One of the most important tasks of the Chinese Legal system's modernization is to modernize the rural area. But this ideal is conflicting with the dualistic situation of the urban and rural in China. The peoples' mediation is playing an important role in mitigating the needs for the rule of law in the vast Chinese rural area though it is the traditional resolution for disputes. The Chinese legal system s' modernization should be grounded on the experiences of the Chinese real-life society, but not on the abstract conceptions. The peoples' mediation could be the effective means and window for the modern rule of law to infiltrate the vast Chinese rural area and society. Therefore, in view of our country countryside society in the legal regime existence question and the insufficiency, for realizes in the countryside society the dispute reasonable solution, devotes the people mediates the system in our country countryside society the consummation to be extremely essential.The first part rationally by the fact that the people mediates system to our country of article has developed the analysis composing in reply legislation current situation , has pointed out the people important position in mediating system resolving mechanism in our country contradiction dispute , has affirmed that the people mediates in resolving a dispute among the people , effect that the legislation also explaining that the people who is in progress in our rural peoples' mediate in safeguarding social stability has the sufficient legislation basis.Second part through to in our country countryside society's realistic condition analysis, Points out in the general countryside society if the pure dependence country civil rights strength carries out legal the realization is not realistic, the people mediate the system the dispute solution to play the unique role regarding in the countryside. And through mediates the system to in our country realistic countryside society's people to launch in the legal principle theory of law and the reason analysis, according to the rural society's in realistic condition, proposed in our country countryside society develops the people mediate to the difficult position which the work faces.The third part in view of our country countryside society's basic condition, proposed consummates our country countryside people to mediate the system the necessity and some concrete tentative plans. In China's rural social implementation of the people's mediation system is a modern building of the rule of law, is the traditional Chinese way of settling disputes heritage, but also conforms to the reality of China's social state. Build a diversified dispute settlement mechanism direction. Specifically should create a favorable environment for mediation, conciliation and perfecting legislation, the advancement of rural workers in the legal business, strengthening of the legal aid agencies and the building of the contingent and other means to realize the people's mediation system in the rural community played dispute disputes resolved role.