From The Perspective Of The People's Conciliation Talk About The Improvement Of The Dispute Settlement Mechanism

Although the "The people’s mediation law of the People’s Republic of China" has been published for a while, the application of it in actual operation still doesn’t work very smooth. To better develop the irreplaceable function of people’s mediation in areas like solving contradictions among the people, defusing civil disputes, maintaining the stability of the society and promoting the economic development, the thesis topic therefore, is set as "From the People’s Mediation Point of View to Study the Perfection of Dispute Settlement Mechanism".With the deepening of the reform and opening up, China’s revolutions in economic system, political system, social structure and culture are developing unprecedentedly both in breadth and depth. The continuous implementations of urbanization, industrialization and modernization have made the existing interest structure and social relation changed a lot. With the deepening of the market economy, social relations are becoming more and more complicated and people needs and conflicts are more and pluralized. Correspondingly, the complicated and pluralized conflicts and disputes thus, urged a pluralized dispute resolution system to satisfy different people’s needs. People’s mediation system is very much a juridical system with Chinese characteristic. It is a very important part of our social institution. In the course of our modernization of legal system, it merits the title of local resource as well. Its function in solving contradictions among the people, defusing civil disputes, maintaining the stability of the society and promoting the economic development is irreplaceable. It played an important role in perfecting our legal system as well. It is the most widely used, the most successful and most popular non-litigation way of solving civil dispute. ADR, alternative dispute resolution, of course has some value for the perfection of our dispute settlement mechanism. However, as a foreign institution and experience, it can’t be copied without adjustments. In the course of modernizing the existent dispute settlement mechanism, traditional factors must be taken into consideration. It is for the reason of the continuity and consistency of social living condition, of the sense of identity toward the traditional culture, of the long-tern living habit, of the rationality of an institution’s existence and of the economical consideration of a complete abandon of the traditional institution, even the reasonable one. Therefore, the thesis here would conduct a multidimensional and multilayer research to study the existent people’s mediation system in China.In the view of people’s mediation, the thesis would be divided into five sections. The first section is designed to give a brief introduction about the current situation of the dispute settlement mechanism in China, and is also going to be introduced in the section. In the second part by introducing the western mediation system, by studying their system of "pre-placing" mediation, system of punishment and their separate working areas, by comparing it with our own people’s mediation system, the thesis would strive to the meeting point of those experiences and thus, provide the theoretical basis for the wide application of people’s mediation in China. The third section is designed to give a brief introduction about the definition, features and principles of people’s mediation. Besides these, this part would mainly focus on the history of people’s mediation and how it works today. The cause of China’s mediation tradition would then be analyzed based on traditional culture. In the next part, in order to highlight the uniqueness of the people’s mediation, the value of this system in economy, culture would then be discussed. In the last section, in the hope of furthering the understanding of people’s mediation and finally building a harmonious society, by summing up the experience and shortage, the thesis would manage to put forward a suggested solution to improve the existent people’s mediation system. By this thesis, I sincerely hope to offer my meager strength for the development of people’s mediation in China.