Research On The Systematization Of People's Mediation

People's mediation is a dispute resolution system known as "Oriental flower".In the history of social governance in New China,people's mediation has played an important role and played an important role.However,with the development of society,the shortcomings of people's mediation are gradually exposed.From the perspective of organizational system,the traditional organization system of people's mediation is too fragmented.Different mediation organizations belong to different administrative departments for management,which is in the lax state of "multi center" management.This leads to poor linkage between organizations,low mediation efficiency and easy waste of mediation resources.In addition,in terms of mediation means and rule system,traditional people's mediation often uses some strategic mediation means in the process of mediation,and the application of mediation rules is not unified,non-standard and lack of systematicness,resulting in obvious differences in mediation results,and the fairness of people's mediation is often questioned by the outside world.Therefore,the traditional people's mediation has been unable to meet the needs of social development.At the same time,the rule of law discourse gradually replaces the political discourse and becomes the dominant discourse system of people's mediation.The function,orientation and practice form of people's mediation also need to change with the transformation of the discourse system.In the view of the parties,they need a low-cost and efficient dispute resolution mechanism,which must be unified,cooperative and efficient.In the view of the governors,they need a special dispute resolution system that can connect with the judicial system and the law enforcement system to divert the pressure of dispute resolution in the judicial and law enforcement systems and meet the needs of "maintaining stability" of social governance.In addition,local governments need to further improve the level of social rule of law and social governance ability in the process of "rule of law competition",and need to reform the dispute governance mechanism.Therefore,both parties and administrators have the power to promote the progress of people's mediation,and the systematic operation of people's mediation is produced under such a background.Some places have begun some beneficial attempts.The most distinctive way is to make the people's mediation systematized by establishing two-level centers for mediation and resolution of contradictions and disputes.In the management of people's mediation,we have changed "multi center" into "one center",and formed an internal organization system of people's mediation system of "vertical to the end,horizontal to the edge".At the same time,through the establishment of the center for the mediation and resolution of contradictions and disputes,we can smooth the connection and docking mechanism between the people's mediation and other dispute resolution systems,and facilitate the internal and external linkage,so that the people's mediation can be embedded in a broader external dispute governance system.In the process of systematic operation,the mediation means of people's mediation are more legalized and standardized,the rule system of people's mediation is more perfect,and people's mediation gradually gets rid of "Marginalization" and "fragmentation".The vertical system of people's mediation can be divided into three levels:county(city,district)-town(street)-Village(community);The town(street)level mainly includes the people's mediation committee with comprehensive nature,police mediation,litigation mediation and other affiliated people's mediation organizations managed by the judicial office;The county(city,district)level includes all kinds of professional people's mediation organizations.The town(street)level dispute mediation and resolution center is responsible for the unified dispatch and management of the people's mediation organizations and other dispute resolution functional departments at the town(street)and village(community)levels,while the county(city,district)level dispute mediation and resolution center is responsible for the unified dispatch and management of the people's mediation organizations and other dispute resolution functional departments at the county(city,district)level,The person in charge of the political and legal commissions at all levels also serves as the leader of the center for mediation and resolution of contradictions and disputes at the same level.The systematic operation process of people's mediation is carried out by means of adjusting the organizational structure,integrating the authority system and integrating the working space of mediation organizations under the "high promotion" led by the administration.Through systematic operation,people's mediation achieves the fine demand for the hierarchical and classified treatment of disputes,and achieves the systematic pursuit of ensuring that similar cases can get similar mediation results.The systematic operation mode of people's mediation is the same as the bureaucracy in Max Weber's works.The systematic operation of people's mediation shows four characteristics:hierarchy and specialization,standardization and judicialization,linkage normalization and "three tunes integration".With the improvement of the level of people's mediation organizations,their means and rules of resolving disputes are different from those of low-level people's mediation organizations.The higher the level of the people's mediation organization,the higher the degree of specialization,the higher the degree of openness of the system,the higher the degree of standardization and legalization.Therefore,the people's mediation organizations at the high level tend to use the law as their mediation rules and means.In addition,the interaction between people's mediation organizations presents a normal operation mode.People's mediation organizations not only interact with other dispute governance organizations,but also embed into the work of other dispute governance organizations.Especially in the "police mediation" and "litigation mediation",the boundaries among people's mediation,judicial mediation and administrative mediation are more and more blurred.People's mediation seems to have undertaken part of the dispute resolution functions of justice and administration.After the systematic operation of the people's mediation organization.People's mediation plays a positive role,but it also has some shortcomings and problems.The positive role is that the systematization of people's mediation can promote the effective governance of spillover disputes and residual disputes,and can not only divert disputes,but also ensure that the follow-up work of dispute resolution can be timely and effectively connected with other organizations.People's mediation systematization weaves a big network of dispute resolution,which can effectively investigate conflicts and disputes and utilize and mobilize grass-roots governance resources in combination with big data platform.Finally,the systematization of people's mediation improves the positioning of people's mediation in the whole social conflict and dispute governance system,improves the relationship between people's mediation and other dispute governance mechanisms,and promotes the rationalization of the internal rights and responsibilities system of the dispute governance system.The negative effect lies in the obvious malpractice of the hierarchical structure of people's mediation,which leads to the suspension crisis of some people's mediation organizations,and the flexibility of people's mediation is limited.Due to the needs of hierarchical management and organizational cohesion,the phenomenon of paperwork is becoming more and more serious,which affects the focus and focus of people's mediation.The systematization of mediation results will endanger the "justice of individual cases" of people's mediation,and dogmatism may lead to the sacrifice of individual cases.Because people's mediation has been formally incorporated into the conflict and dispute governance system,and a smooth connection mechanism has been established,which has eliminated some functions of people's mediation.People's mediation has changed from a relatively independent closed-loop system of dispute resolution to a small part of the conflict and dispute governance system,and the people's mediation agreement is also facing difficulties in implementation.We should reflect on the systematic development of people's mediation.The systematization of people's mediation comes from the top-down promotion,mainly to enable people's mediation to smoothly integrate into the social dispute governance system,but in this process,people's mediation is simply understood as a tool for dispute resolution.The people's mediation system was originally a "bottom design" facing the grass-roots level.The people's mediation originally had multiple functions,such as social mobilization,political education,and traditional activation.It was a bridging mechanism between "state society".Therefore,the systematic development of the people's mediation should still focus on the concern of the grassroots,the response to cases,and the different needs of different levels at the same time,while avoiding the systematization,which leads to the consistency of the mediation results between the people's mediation and the mediation system.At the end,the experience of systematization of people's mediation is a beneficial attempt in the development of people's mediation,and it is also the direction of the development of people's mediation in the future.There are some problems existing in people's mediation.First of all,we need to focus on enriching the capacity of grass-roots people's mediation organizations,reduce the central level of people's mediation from the city and county level to the township level,pay attention to the role of grass-roots forces,and enhance the role of grid members and other autonomous forces in dispute resolution.Secondly,we should give full play to the integration of autonomy,rule of law and rule of virtue.In particular,we should insist on giving the people more freedom of autonomy in mediation and respect the autonomy rights of the parties.To avoid systematic development leads to the formation of rule of law in terms of the concept of rules and other aspects of the digestion of moral customs.Finally,it is necessary to strengthen the overall planning and linkage of Party organizations.Through the power of the party organization,simplify the procedures and copy work of organizational linkage,and enhance the linkage ability in the process of systematization.