| People's mediation is a folk disputes settlement mechanism with extreme Chinese characteristics and profound traditional culture of the Chinese nation,for a long time plays an important role to prevent and resolve disputes,has been hailed as "the first line of defense” of maintaining social stability.In our country,however,the flow of the history of the evolution from traditional to modern,what changes have taken place to the people's mediation system that is based on the tradition but created by communist party as a new system along the course of history,and how to understand these changes,how to explain the logic problem behind changes,it's worth thinking.With such a problem consciousness,this article intercepts the people's mediation system during 1978-2015,sees its historical evolution course as investigation object,try to interpretate and understand the changes in the transition from traditional to modern of the historical process from the perspective of law and economics,not only trying to promote mediation change theory,and explain the logic problem behind the system change,but also trying to respond to the reality,to provide a thought of countermeasure research different from the traditional law for the mediation system's improvement and perfection.This article is divided into six chapters.Chapter 1 as a starting point,interprets the research background,significance,object,method and the theoretical framework,and combs the existing literature and theory.Chapter two to four of 1978-2015 is the change of people's mediation system trajectory according to specific inflection point into recovery,depressed,Renaissance three development stages,Douglas.The three cornerstones of north's institutional change theory of people's mediation system change background.By setting specific variables on the changes of different stages of people's mediation system present situation and the running effect for empirical analysis.In particular:The second chapter describes and analyzes the rebirth of the people's mediation system(1978-1992).Based on the background of the rural land contracting and the city property rights reform of state-owned enterprise,to analyze the rebirth trajectory of the people's mediation system and the system running efficiency;It is concluded that at this stage of people's mediation system features a tendency to weaken the conclusion of dispute resolution.Clarified the government of the people's mediation system to carry on the design arrangements concerns,Adding to the people's conciliation microscopic scenariosThen analyzes the renewal of people's mediation system from perspective of law and economics,mainly includes the property right reform,people's mediation system vicissitude,the participants' cognitive interaction and coordination,people's mediation system's equilibrium and disequilibrium,the people's mediation system arrangement,the people's mediation system change cost.The third chapter describes and analyses the depressed people's mediation system(1993-2002).With the deep development of property rights system reform,the social disputes and contradiction appear new changes,the state vigorously promotes the reform of the judicial system and court mediation is gradually marginalized,the development of people's mediation fall into a trough.In this paper,first of all,in this stage,analyzes the background and characteristics of institutional changes deeply,discuss people's mediation system's running effect;Then explains the depressed people's mediation from multidimensional angles,mainly including the new interpretation of institutional change,The formation of "strong litigation,weak mediation",the people's mediation system's "lock" effect,the cost measurement of system.The fourth chapter is to describe and analyze the revival of people's mediation system(2003-2015).The boom of revival and reconstruction is pushed by practice,People's mediation system get the development of spring by the support of government and social organizations.As for the analyzing of people's mediation system's present situation and the running effect in this article,mainly explains the relationship between people's mediation and big mediation,the relationship between people's mediation and litigation and non-litigation dispute settlement mechanism,the relationship between the people's mediation and multiple dispute resolution mechanism;then to analyze equilibrium and evolution of people's mediation system from the Law and economics perspective,this part focuses on the game analysis of various kinds of interest groups during changes of people's mediation system.The fifth chapter is a summary,expanding and deepening based on the above,trying to grasp the characteristics,logic and the development trend of the future of the people's mediation system vicissitude on the whole.In general,the legal system is the product of rationality,is the arrangement and balance of the interests,the people's mediation system in our country changes from equilibrium to disequilibrium to equilibrium,is a dynamic repeating process of circulation,characteristics are transition from traditional to modern,from the national supply to the social supply,people's mediators has a dual function of people's mediation system's change,the transition from "mass work" and "persuade education work" to professionalization,is a constant process of standardization and institutionalization.At first,chapter 6 analyzes the resistance of people's mediation system change from the angle of system's demand and supply,cost benefit and path dependence,the conflict of interest between groups and ideology;Then discuss the reconstruction of people's mediation system based on above,this paper argues that in order to get out of the present predicament,we should focus on institutional supply and demand for short-term,then the people's mediation system should return to autonomous and mass nature.A big feature of this paper is using analysis method of law and economics,particularly using the "institutional change theory" of economics to explain the historical evolution process of the people's conciliation between 1978 and 2015,and explain and illustrate the change logic with system costs and benefits,system supply and demand,system equilibrium and other related concepts and theories.Not only that,this article also sees resolving the resistance from the system supply and cost,path dependence,conflicts of interest and ideology as a breakthrough point,through the optimal pattern design,to provide a targeted,specific feasible plan to improve and perfect the people's mediation. |
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