Roles And Functions Of Folk Mediation In Resolving Civil Disputes

Inevitably, if we pay close attention to village problem, we must answer how to resolve the dispute of village society. As a part of the research to the system of society dispute resolution, there is different angle to start the research to village society dispute resolution. At present, there are few discussions about it in China. But a few scholars study it from the angle of sociology or anthropology, there is no law research almost. Basing upon the dispute about water resource of given village in the west-north of Guizhou province, this dissertation investigates that the method of practical society dispute resolution with down-to-earth attitude.The fundamental research way of this dissertation is to comb and integrate some theories that related to, which means criticism and reference. At the same time, this dissertation tries hard to give some generalization and analysis to after some real investigation. As a method of social control, folk' s mediation is a non-system method. Then, this dissertation will arrive at the following conclusions on the base of historic inspection and reflection upon the realistic dilemma that folk' s mediation facing with. Under the major premise that the rural society organization is changing, we should not set eyes on the predominance when folk' s mediation is taken as a method of civil disputeresolution, but also acknowledge its deficiency. The primal and ultimate destination of this dissertation is how to restructure the position of folk' s mediation in current multiple framework of the system of dispute resolution, to better develop its possible value and utility fully. So I think it' s necessary to look closely at Chinese system of dispute resolution over again. Firstly, the rational position of folk' s mediation in current social system of dispute resolution should be established. Secondly, the loophole of folk' s mediation in current social system of dispute resolution should be repaired. Finally, folk' s mediation should be restructured in the system of dispute resolution.