Researches On People’s Mediation System Of Harmonious Society

Mediation System is the important part of the judicial system, which consists of judicial mediation, administrative mediation and civil mediation, as a complete mediation system. In this system, People’s Mediation occupies an important position. Mediation is the scope of civil mediation, and civil mediation has been thousands of years since the Western Zhou Dynasty. The current people’s mediation system in China has been gradually established and developed by absorbing the reasonable elements people use to solve civil disputes. As the revolutionary bases under the leadership of Chinese Communist Party constantly adapted the old mediation methods through judicial practice, it now becomes the people’s mediation system with Chinese characteristics. As its practical effect is very significant, which has been called the "East a flower" by overseas scholars. The growth of the Republic of history shows that as People’s Mediation System is rooted among the masses, showing a very strong vitality and superiority and playing a huge role in the socialist reform and modernizationI capture People’s Mediation System as the research object,dating People’s Mediation history explaining the system in the formation and development of modern, recognizing their 80 years in the early 20th century, reached the climax of the development; As China’s reform and opening-up policy going into depth, various contradictions become acute and complicated. People’s mediation system has gone through a slump in history; About 2003, the State Department, Justice, Supreme People’s Court and local levels of government and the courts take a series of positive measures to remedy to make the People’s Mediation System gradually revived. In this paper, the study is based on People’s Mediation System development of ups and downs, examining the history of its success and failure and practical reasons, deeply analyzing the plight of the development of people’s mediation, putting forward the perfect path of people mediation. The contents of my paper are divided into introduction, chapterⅠ, chapterⅡ, chapterⅢand chapterⅣ.The content of introduction includes the source of topics, the relevant literature summary and comment, academic value, the important and difficult points of the research as well as research methods.The first chapter discourses the People’s Mediation System in Modern History. Mediation system for the traditional picture of the overview of the history, as the study of the theoretical basis of people’s mediation system; It also states the formation and shape of People’s Mediation System before the founding of People’s Mediation System; the People after the mediation system development is divided into the founding period, the decline period and the revival period. The most pivotal one is the "Republic of China People’s Mediation Law" which was examined and adopted in the Sixteenth Meeting of the Eleventh National People’s Congress on August 28,2010 and carried out from January 1,2011 is a milestone in the development, so that it leads the non-litigation solution with Chinese characteristics into a legal and normalized way, thereby providing a new platform for studying people’s mediation system to better play its role in society.ChapterⅡresolves the value of People’s mediation system. Along with the market economy system establishment and development, Mediation System’s original existing basis changed dramatically, some scholars produce a certain amount of doubt to Mediation system.Based on this situation, the author analyzes the current theory of whether People’s Mediation System should be abolished or not, proofing the necessity and possibility of People’s Mediation’s deepening development. I also analyze the rationality of People’s mediation at the point of its legal cultural tradition and the needs of the modern market economy development, and discuss the value of People mediation system and the practical value of law in details. Based on the premise that the value of people’s mediation system is recognized, related concepts are defined and explained, including the definition of people’s mediation and its nature the concept, range and features of civil disputes. Meanwhile, analysis is made on the legal status of people’s mediation system backed by the people’s mediation law.ChapterⅢanalyzes the dilemma People Mediation System is faced with. It mainly discusses that People Mediation System is faced with three kinds of dilemma; how current Civil Dispute’s change challenged People Mediation System; involved in the shortcomings and defects in some of the legislation of People Mediation System; and analyzes its own shortcomings and defects from the level of value and the level of practice. Anglicizing the deep root of the predicament, it is mainly about the trend that the fading out traditional culture has weaken the people’s mediation and the shock from market economic system.Based on both theory and practice, Chapter IV puts forward a reconstruct way for people’s mediation system in a harmonious society. In recent years, functional academics based on different perceptions about the mediation, through the mediation of grass-roots people to obtain first-hand information on social survey research, both through theory and practice of research, the mediation of a harmonious society to the scientific positioning function that resolves a dispute of function and social function of self-government. It discoursed the premise of construct the people’s mediation system reasoningly, which is the reconstruction of the atmosphere for people’s mediation system. Including establishing a people-oriented win-win and mutually beneficial ideas, building political and economic system which is conducive to social harmony and stability, creating the rigid mechanism and flexible mechanism to address conflicts and disputes, establishing a smooth social communication mechanism under the guidance right to a fair view of rebuilding social trust. The way of completing people’s mediation system mostly include:the complete of Legislation,_Mediation front system, People mediator access system, Mediation process and so on. It also puts forward corresponding solutions to the problems of people’s mediation system. Such as National finance supporting, legal aid’s development, Lawyer and notary services involved in people’s mediation work, encouraging and leading people give priority to people’s mediation system. Establishing People’s Mediation studio to support the development of People’s Mediation under the Mediation system; combing the arbitration and mediation together; learning the ADR system from United States, Britain and other countries; promoting the improvement of People’s Mediation, Developing the complementary functions and good interaction of multivariant solutions to disputes, thereby to advance the sustainable development of a harmonious society.