| Disputes are inrooted into the human society,thereby resolving the dispute is a necessity for the human society.Mediation is of low cost,high efficiency,and emphasizess on substantive justice,as well as helping people live in harmony.In foreign countries,mediation has broken through traditional pattern and is taking on new characteristics,which has been integrated into the rule of law and builded up connection with other dispute resolution methods.China has a long history of tradition mediation,in particular the traditional civil mediation is quite popular.During the new democratic revolution,the revolution base area and Jiefang district political organization had created the people's mediation that was based on inheriting the traditional civil mediation of our country critically.So far,the people's mediation plays an important role in resolving disputes and achieving social governance.Moreover,our government is guiding the building of a harmonious society,advocating conciliation.Thereby,the current academic research focuses on more the people's mediation,but the systemic and further special study on the people's mediation history changing is rarely seen in.In view of this,the author describes and interprets the people's mediation history in the authoritative type perspective using the combination of descriptive and interpretation legal history method and sociology of law method.Overall,the people's mediation has experienced the process of the rise,prosperity,decline and "renaissance" The historical change of the people's mediation is closely related to its authority type and strength.Anti-Japanese base area,Jiefang District political organization formulated and promulgated a series of laws,policies of the people's mediation in accordance withthe backward natural economy,by drawing lesson from China's traditional civil mediation and easing Judicial Dilemma during that period.The organization and institutionalization prototype of the people's mediation then appeared.Accordingly,Anti-Japanese base area and Jiefang District developed the people's mediation vigorously and achieved remarkable results.As a result,the people's mediation came to rise.The rise of the people's mediation and that the preliminary organization authority of the people's mediation formed was inseparable.While the preliminary organization authority of the people's mediation was established by the authority of the anti-Japanese base areas and Jiefang District erected;the people's mediation organization attached anti-Japanese base area and Jiefang District government;the promotion of popular justice as well as the traditional local elites clean,new local elite shaped.During early days of China's foundation central government had carried out the construction of national organization and system of the people's mediation that was based on previous experience of the people's mediation and the people's justice.During the "Cultural Revolution",the people's mediation was destructed.After the Third Plenary Session of the eleven,as the socialist democracy and legal system gradually recovered and developed,the people's mediation did too.Corresponding with the people's Mediation Legislation development,the people's mediation practice also showed the prosperity.The prosperity of the people's mediation was closely linked to its high organization authority,which provided guarantee for the prosperity of the people's mediation.The high organization authority of the people's mediation relied on the following factors:the state power organization enjoyed a high authority;the people's mediation organizations closely attached to the people's government at all levels;the comprehensive establishment and implementation of the people justice and most people's mediators owned the higher political status and moral quality.From the mid-1980's to 2002,in order to meet the further development of the socialist democracy and legal system,China had strengthened the construction of the organization and system of the people's mediation,and begun to conduct legal construction of the people's mediation.However,in practice,the people's mediation had been fading.Decline of people's mediation was associated with the organization authority weakening and weak legal authority of the people's mediation.The organization authority of the people's mediation had been weakening with the decline of the authority of the township government and the village committee authority,the people's mediation organization dependent on the people's government at all levels also weakening,the people justice had fading,judicial modernization construction and some people's mediators 'political status and moral quality declining.The weak legal authority of the people's mediation mainly lied in:the authority of law was not high;the procedure justification of the people mediation was lack;most people's mediators were unable to cope with the public demand for mediation legalization.Since 2002,under the political background of constructing harmonious society,the court has faced the dual pressures and people have a better understanding for the rule of law,litigation and mediation,which has made the organization,institutional,legal and professional level of the people's mediation promote.The people's mediation practice has taken on a new look.From the aspect of the practical effect,the status and role of the people's mediation gradually has risen in the dispute resolving mechanism;the role of the people's mediation has promotion in the comprehensive management of social security.So the people's mediation has gradually made for "renaissance".Consequently,the organization authority of the people's mediation rose again and its legal authority was improved,which provide powerful support for the people's mediation heading for the "renaissance".The organization authority of the people's mediation has rebounded because the authority of the township government and the village committee weakening has been curbed to a certain extent,and the pressure stability mechanism has formed,also Chinese Communist Party and the government own superior political position,and the people's mediation organizations dependence on the people's government at all levels and the judicial administrative organs has been strengthened,"justice for the people"," judicial activism" had been put forward and expanded.The enhancement of legal authority of the people's mediation is the result of national response to public demands for the legal authority of the people's mediation and the influence of foreign modern mediation movement.The people's mediation in the future should walk from the organization authority to the legal authority.Although the people's mediation organization authority,which has rebounded strongly promoted the revival of the people's mediation since 2002,it should be noted that the pattern of the organization authority of the people's mediation revived is opposite to the community autonomous mediation direction of the people's mediation and is not conducive to China's structuring the diversificated dispute settlement mechanism.It is gratifying that "people's Mediation 2010 Law" did not continue to use organization authority mode.With the "people's Mediation Law"carried out and perfected,the development of community autonomy and the diversified dispute settlement mechanisms forming truely the people's mediation organization authority will decline.It will be that the government guidance,management of the people's mediation will be further standardized;villages and towns(street)mediation committee,social contradiction mediation center will be purified into administrative mediation organization.Despite the current the legal authority of the people's mediation promotes the people's mediation "renaissance",tension still exist among the present legal authority of people's mediation and the trend of the growth of civil society,the "rule of law China".Along with the growth of civil society and the rule of law advancement speeding up,the legal authority of the people's mediation will be further improved,which is embodied as:the recognition of law as a dispute resolution will improve;due process level of the people's mediation will be improved;the people's mediators' professional prestige will be increased.However,due to the restriction of various social conditions,the organization authority of the people's mediation declining is not an easy job,the legal authority of the people's mediation further ascension does not accomplish at one stroke.This requires people to give play to the subjective initiative in order to strive for the legal authority of the people's mediation to achieve early and completely.The possible innovation of this paper lies in the use of perspective and research method.The application of the authority type transformation perspective of the people's mediation makes people see the inner logic of the people's mediation changing.The application of law sociology method makes people see the full,"live"the people's mediation history.Of course,some contents of this paper still need to be perfected. |
PDF Full Text Request