Research On Regulation Mechanism Of People’s Mediation

People’s mediation is a legal system of Chinese characteristic and strong Chinesetraditional culture content， which plays a very important role in Chinese multiplexmechanism of dispute solutions. People’s mediation cannot develop healthily withoutthe guarantee of scientific and effective regulation mechanism. During the transitivedevelopment process of people’s mediation system， the successful regulationmechanism of people’s mediation is of great meaning to fully express function andsubjective initiative of various subjects including people’s mediator， guaranteeessential attributes of people’s mediation including mass character， civil character，and autonomy character， stimulate the vitality of people’s mediation， expressunique function and advantage of people’s mediation system， protect legal interestsof parties involved， complete Chinese dispute solution mechanism， and maintainsocial harmony and stability.Regulation mechanism of people’s mediation is the activity process of specificregulation subjects on people’s mediation， including the process， mode， andmechanism that people’s mediation committee， people’s mediator， association ofpeople’s mediator， and judicial administration departments supervise and manageactivities related to people’s mediation. The objective of regulating people’smediation is to guarantee the normal operation of people’s mediation by controllingand limiting the activity process of people’s mediation and maintaining the healthydevelopment of people’s mediation. Self-regulation of people’s mediation hascharacteristics such as democratic participation， multiplex interest representation，and autonomy to deal with various complex problems effectively. Ideal regulationmechanism of people’s mediation in China shall be the regulation mechanism led byself-regulation. Since the establishment of people’s mediation， China has paidattention to the guidance and supervision on people’s mediation. For years， judicialadministration departments and people’s courts play a very important role in guidingand supervising people’s mediation work and guaranteeing the positive and healthydevelopment of people’s mediation. However， China still encounters somedisadvantages in the regulation of people’s mediation including： lack ofself-regulation， offside administrative regulation， and weak judicial supervision ofcourts. Seen from the opinion of public product theory in economics， people’smediation has characteristics including non-excludability of benefit andnon-competiveness of consumption， while has certain natural monopoly. Regulationmechanism shall be introduced for the necessary regulation on the supply of thepublic product， people’s mediation to guarantee the objective that the supply of thepublic product， people’s mediation is consistent with public benefit. In addition，based on the weakness of human nature theory， in consideration of the weakness ofhuman nature， a set of complete regulation mechanism shall be constructed in thepeople’s mediation system to standardize participant’s behavior in people’s mediationprocess and keep adverse effect of weakness of human nature from the mediationduring people’s mediation process. Seen from the governance theory， singleadministrative regulation is not always the best regulation mode. For the regulation onpeople’s mediation， multiplex subjects including self-regulation organizations andpeople’s courts can be introduced to express powers and advantages of all partiesthrough multiplex cooperation. The regulation on people’s mediation shall be subjectto the principles such as principle of regulation by law， principle of justice，principle of public， and principle of combing compulsive discipline andself-discipline， while shall not surpass necessary limit.In the present， there are many barriers in Chinese practical self-regulation ofpeople’s mediation， so self-regulation fails to run effectively. Meanwhile， there arealso many problems in administrative regulation and judicial supervision of people’smediation. Based on advantages and disadvantages of self-regulation， administrativeregulation， and judicial supervision as well as nature of people’s mediation， theregulation framework consisted of “Self-regulation+appropriate administrativeregulation+necessary judicial supervision” shall come out gradually for Chineseregulation on people’s mediation. Based on the construction of self-regulation systemand completion of administrative regulation system and judicial supervision system，the systematic regulation mechanism of people’s mediation with the foundation ofself-regulation， guarantee of external regulation， necessary supplement ofadministrative regulation by judicial administrative authority， and final guarantee ofjudicial supervision by courts is constructed.