Research On The People's Mediation As Dispute Resolution Based On Sociology Of Law

The People's Mediation is a non-litigating dispute resolution with Chinese culture and historical tradition. The dissertation aims to study the People's Mediation based on sociology of law. In current China, the People's Mediation is a hot issue, not only because it has been paid attention to by many scholars as a law tradition with long history, but also its validity as a dispute resolution has been testified in many western countries. The movement of ADR (Alternative Dispute Resolution) mainly composed of mediation is becoming popular in the modern western society. The People's Mediation has been confronted with trouble and complex disputes have appeared on a large scale during the transformation of Chinese society. Therefore, it has important significance to study the People's Mediation. Methods of sociology of law and economics of law, such as case analysis, data analysis, function analysis and benefit-cost analysis, are applied to study the People's Mediation in the dissertation, which is both academic and practical.The core views are three. First, although rule of law is the base of modern society and final resolution by justice is principal for dispute settlement in the legal society, justice is not the only and the best means for resolving disputes. The effects of being resolved by the People's Mediation...