On The Dilemma And Way Out Of The Contemporary People's Mediation System

Mediation has a long history in China,from ancient times to the present civil dispute settlement has made outstanding contributions.The People's Mediation System has gained the reputation of "Oriental experience" in the international community because of its profound cultural deposits and legal foundation.However,in recent years,with the change of social structure and the change of people's ideology,civil disputes are changing constantly,and many new types of disputes emerge,which bring severe challenges to people's mediation work.The focus of this thesis is how to get the People's Mediation System out of the current dilemma,so as to get further development.This thesis includes five parts.Among them,the introduction explains the background and significance of thesis writing,related research and methods at home and abroad,and controls the thesis from a macro perspective.The first chapter first introduces the relevant concepts of The People's Mediation System,including the four aspects of basic meaning,characteristics,organizational form,and meaning value,in order to have a more complete understanding of the research object.Then it outlines the various historical stages of people 's mediation development,including four subsections.The first section mainly introduces traditional mediation.Through the analysis and interpretation of the traditional mediation culture,the author explains its influence on the People's Mediation System.The second section introduces the historical origin and background of the People's Mediation System in the period of shaanxi-gansu-ningxia border region government,including the economic,cultural,political and legal background of the People's Mediation System in that period,which is helpful to have a better understanding of the People's Mediation System in the period of shaanxi-gansu-ningxia border region government.Section three outlines the People's Mediation System in the early days of the founding of new China.The People's Mediation System in this period was born in the period of shaanxi-gansu-ningxia border region government,which also had animportant influence on the further development of the system in the future.The implementation of a series of measures such as the establishment of the People's Mediation Committee and the promulgation of the general provisions of the interim organization of the People's Mediation Committee by the administrative council is the focus of this stage.The fourth section describes the development of the People's Mediation System after the reform and opening up.This period is divided into three periods,namely the recovery brought about by reconstruction(1978-1992),the downturn at the turn of the century(1993-2002),and the slight recovery(2003-present).The author studies the three periods respectively,makes a detailed analysis of the development of the People's Mediation System since modern times,and puts forward the hidden trouble of the current system.This chapter expounds the evolution of the People's Mediation System in different periods,which is to prove the inseparability of people's mediation and the daily dispute resolution of our people,and to pave the way for the discussion of how the system can better serve the people and the society.The second chapter points out the dilemma that the People's Mediation System faces in the contemporary development.After years of development,the People's Mediation System has become an indispensable legal system for solving civil disputes without litigation.However,with the change of social structure and people's ideology,the further development of the system still faces many obstacles.In this thesis,the author points out five main obstacles to the development of the system,which are the drawbacks of people's mediation organizations,the decrease of the integrity of the parties involved in mediation,the crisis of trust in people's mediation,the prejudice of the masses towards people's mediation and the difficulty in guaranteeing the people's mediation funds.In view of the emergence of these five aspects,the author explores three main reasons,namely,the change of social structure,the change of litigation concept and the defects of the People's Mediation System.And carries on the detailed interpretation to these three main reasons respectively,the intention is more comprehensive carries on the analysis to it.The third chapter mainly discusses the theoretical support and specificcountermeasures for the correct improvement of the People's Mediation System.First of all,it puts forward and explains two theories that we should rely on to break through the current situation of people's mediation,namely the evidence of the trend of Alternative Dispute Resolution(ADR)and the development of "Maple Bridge Experience" of people's mediation.Next,according to the further development of the People's Mediation System in the second chapter five main aspects as well as for foreign ADR and combined the theory of "Maple Bridge Experience" in our country,the author puts forward the specific countermeasures: improve the people's mediation organization self-building,to properly regulate the actions of the parties involved in mediation,take measures to enhance the trust of the masses of the people's conciliation,strengthen the popularization of the people's conciliation,raise funds investment and the appropriate incentives.Through these countermeasures,the author tries to find reasonable solutions to the main aspects hindering the development of the People's Mediation System in the second chapter.The conclusion part is the summary of the article,which summarizes the contents of the first three chapters,and gives the author's expectation for the future development and improvement of the People's Mediation System.