Study On The Township Mediation System In Taiwan

Since the modern times, due to differences in social system, ideology and others,as the treasure island of China, Taiwan developed a different mediation mechanism from that of mainland China. At the same time, the common historical origin, spiritual idea, ethical fashion and other national genes have been etched deeply in the veins of culture, which is reflected by intercommunity in origin and corresponding nature in mediation mechanism between both sides of the Taiwan Straits. In moment of global booming of non-accusing dispute settlement mechanism, facing new development opportunities and challenges, only by reaching to a deeper connection and complementarity on both sides of mediation system, promoting system construction and practice operation, which shall keep pace with times, can it better adapt to diverse needs of stopping dispute in modern society. However, inconsistent with the common development trend of mediation system on both sides, few studies on Taiwan's mediation in mainland China are conducted and its theoretical depth is not enough.There is no realization foundation for vision of learning from each other and coordinated progress. Thus, in the key period of construction of the modern rule of law, systematic and deep research of the mediation system in Taiwan has important practical significance and judicial values.Taiwan has the longest history and its system construction is pretty complete.The closest mediation mechanism to basic level public is its township mediation,which adopts a virtuous mode combining the judicial mechanism, linked to local self-ruling societies, and grassroots governance. The township mediation is inherited from traditional Chinese culture. In Japanese colonial period, it collided and fused with modern western laws. The mediation in National Government period laid the foundation for the formation of its prototype. After formally entered the stage of legalization, township mediation experienced many times of regulation revision as the change times and finally evolved into the current system. It is characterized by local self-governance, quasi-judicial nature, convenience & benefit, independence &desirability, flexibility & efficiency, confidentiality of mediation and determination of mediation results. It also plays important roles like making up for a lack of judicial judgment, reducing litigation diabetes mellitus, harmonizing interpersonal relationship, popularizing legal education and standardizing social behavior. Through a comprehensive investigation and systematic research of the current townshipmediation system, its relatively mature laws and regulations, perfect organizational structure can be found. Its overall operations tend to be programmed, institutionalized and standardized. It has unique social values and broad prospects for development in modern society. At the same time, it also faces impacts from professionalized and marketized mediation institutions as well as some shortcomings and defects exposed in new stage. In order to explore new progress room and possibility for township mediation system, the theory and practice field in Taiwan conducted a series of innovative research and beneficial attempt aiming to reform and improvement. In organization and construction level, it includes reforms about nature positioning of township mediation committee, personnel allocation and material security reform. In operating mechanism level, it is reflected by reforms on the case scope of the township mediation and operating procedure. Besides, it also involves the reform on its performance assessment and incentive mechanism.Based on the research on hot issues and innovation trends, the future development direction of the mediation system will be grasped more accurately. Then it can provide new inspiration and ideas to the modernization transformation of mediation in mainland. The people's mediation and the township mediation in mainland area have something in common but not the same with each other. Study on township mediation is aimed to unearthing mature experience in order to provide reference to perfection of people's mediation system. It can be specifically summarized as: scientifically and properly dealing with the relationship between mediation autonomy and government management, ensuring the independent position of mediation organization; promoting professional quality of mediation personnel from stage of selection and appointment to stage of management and cultivation; clearing and expanding scope of mediation business for needs of reality; strengthening the legal validity of mediation result, including strengthening its execution and deterministic force to ensure its social authority and credibility;perfecting the relief approaches of judicial confirmation and equipping corresponding remedy mechanism for rights protection of parties involved.