The Research On Civil Mediation System Transition Of The National Government Period

Mediation is one of the modes with deep Chinese characteristics of resolving disputes, and it bears significant importance in resolving court cases, improving social harmony and maintaining rule of government. The non-stopping development and improvement makes it one unique part of our country's culture of law. We put focus on investigating the progress of the transition of mediation mechanism in modern history, in order to discover the background and rules of this transition, at the same time, we try to use it as a reference for improving the function and value of mediation mechanism in our era of social transformation.In the first part, we will detail the operating mechanism of official mediation during the era of Republic of China, and we would focus on the changes of the basis, main parties, the scope, the procedure and effects of official mediation. We would compare official mediation and legal suit in particular cases. We would illustrate different kinds of official legal craft and national management strategy, official attitude towards mediation, the evolution of basis and outcome in traditonal China and late Qing dynasty and early Republic of China.In the second part, we would point out changes of main parties of folk mediation, adjustment and expand of the scope of mediation, the role and changes of folk authorities in mediation, and changes of the basis of mediation. We try to illustrate that more and more national ideologies were put into the basis of mediation, and the goal of mediation were not any more limited at solving specific problems of the individuals and basic-level society, more importantly, the mediation system became a link of the big picture——the pursuit of good operation of the whole nation.In the third part, we will detail the operating mechanism of mediation during the period of Republic of China, and divide civil mediation to three types: folk mediation, official mediation and semiofficial mediation. We would point out changes of main parties of folk mediation, adjustment and expand of the scope of mediation, the role and changes of folk authorities in mediation. The basis of folk mediation changed from Confucius thoughts and order which were expressed as senses and rites to modern legal concept. We would also point out the changes of main parties of official mediation, transition from tradition"official approval and folk mediation"to"en forced mediation"and"mediation at will". We would compare official mediation and legal suit in particular cases. We would illustrate different kinds of official legal craft and national management strategy, official attitude towards mediation, the evolution of basis and outcome in feudal China and late Qing dynasty and early Republic of China. We would introduce semiofficial mediation in the sense of the transition from condiment management to modern management mode, vary of qualifications, changes of social and political background presided byIn the forth part, we would evaluate the mediation mechanism of civil disputes, and point out the main reasons whether the mediation could work out was the prestige and social status of the person presiding, the particular situation in every case and personal factors of the persons involved. On the other hand, we would analyze the limitations of mediation mechanism in the late Qing dynasty and early Republic of China, then point out shortcomings of the procedure lead to randomness in civil mediations. And reliance on the prestige of person presiding makes the shortcomings and emphasize on"no suit"concept as well as the enforcement tendency affected outcomes of mediations.