Improvement Of People’s Mediation System In Rural Areas

People’s mediation system is an excellent legal system having a long history, which is rooted in the deep soil of Chinese culture, forming benign complementary to litigation system through continuous development and improvement.2011 "People’s Mediation Law" was promulgated, marking the people’s mediation has legislative protection of authority, further reflecting national importance to people’s mediation. There are millions of various types of civil disputes to be resolved by people’s mediation system each year. People’s mediation resolves numerous civil disputes in the bud stage to keep litigation from the door. It is pronounced as "the first line of defense" of the maintenance of social stability. People’s mediation shows different characteristics in urban and rural areas because of socio-economic structure, cultural ideas, differences in types of disputes. Article research is limited in rural areas, emphasis on the operation of rural people’s mediation system. The reason is that rural area is social acquaintances. The interest relationship between people is close. Limited by the ideas, they are not willing to choose litigation to resolve disputes, and prefer to the more flexible, convenient and amicable mediation to resolve conflicts. Compared with urban area, people’s mediation in rural areas currently still plays a very important role, which is more meaningful and valuable for the study of strengthening mediation function in rural areas. Contemporary rural society is undergoing the hardships and collision of transformation, filled with the conflict of tradition and modern, the intersection of old and new conflicts, the complexity and multiple of disputes, so dispute resolution needs to be adjusted.On October 28,2014, "CPC Central Committee decision on comprehensively promoting the rule of law on numerous important issues" released, "Decision" refers to "a sound mechanism to resolve social conflicts and disputes prevention, to improve mediation, arbitration, administrative rulings, administrative reconsideration, litigation and other organic convergence, coordination of diversified dispute settlement mechanism. Strengthen the industrial, professional people’s mediation organizations, improve the linkage work system of people’s mediation, administrative mediation and judicial mediation " As people’s mediation is an important part of the prevention mechanism to resolve social conflicts and disputes, it will play its due role. This article discusses how to make rural people’s mediation go toward legalization and standardization from the perspective of law, and make the disputes resolved and maintenance of social order return to the legal system level.These three parts of introduction, body and conclusion compose this paper. Among them, the introduction mainly explains the background and significance of the research, domestic and foreign research status and research methods. The conclusion of this paper is to further summarize. The text consists of the following three parts:The first part is an overview of the rural people’s mediation system, mainly introducing the concept of people’s mediation system, the characteristics, function and value of rural people’s mediation system, and the necessity of enhancing the function of rural people’s mediation system.The second part analyzes the working status of rural people’s mediation through the first-hand information of surveys on the cases of people’s mediation work in Baipeng town, Liujiang County. The main contents include:the basic introduction of Baipeng town; the organization profiles of People’s Mediation Committee in Baipeng Town; team building of people’s mediators; the source of funding and implementation of subsidies for people’s mediation work; the method and basis of grassroots people’s mediation, and provide some real cases to show the real scene of rural people’s mediation to understand the reason for people’s mediation skills and high fulfillment rate; the implementation and the practical effect of people’s mediation agreement judicial confirmation system.The third part discusses the problems of rural people’s mediation. This part is mainly based on the data and information surveyed by author in Baipeng town, Liujiang County, and compared with the data from other scholars surveyed in other rural areas of the country, to show the problem existed in rural people’s mediation in practice and analyze the reasons. The main problems are the following aspects: First, the current law of People’s Mediation does not correspond with the actual situation, the nature of people’s mediation committees is a tendency of administration, not close enough to contact with the people’s court; Second, the village-level people’s mediation organization is weak, performing as staff shortages, inadequate funding, lack of effective mediation of science; Third, people’s mediation utilitarian is strong, while rule of law is weak; Fourth, people’s mediation work emphasizes too much on form, but ignores the physical development, performing as that the mediator team needs to be improved, the legal work effect of the mass is poor; Fifth, the effect of people mediation agreement confirmed judicial system is with little success.The fourth part proposes specific recommendations and measures about improving rural people’s mediation system according to the results of the second part of the research and the problem reflected from the third part:First, deepening the reform of people’s mediation system, repositioning people’s mediation system, strengthening the professional industry construction of the People’s Mediation Committee; Second, strengthening people’s mediators, promoting chief mediator system and mediators rating system; Third, enhancing standardization and legalization of rural people’s mediation, raising awareness of standardized conciliation, insisting mediation legally, strengthening legal education in rural areas; Fourth, improving people mediation agreement judicial confirmation system, optimizing theory design, detailing legal provisions to enhance maneuverability.