Research On The Legislation Regulation Of The People's Mediation

As one of the Dispute resolution systems which has vivid characteristic, the people's Mediation System is applied to slove conflict. It has long history in China. During decades ,when it's under the leadership of the Chinese Communist Party, the People's Mediation System was undergoing the practice of each historical stage of revolution,construction and reform.The tradition of our country has been developed and also been fully taken advantage of. It has also become one of the most important methods which can resolve conflicts , promote harmonious and remove disputes. Because of the reform to open policy, our economic system is undergoing profound changes. The social structure and benefits have been experienced the deeply adjustment , and also the civil dispute itself was begun to show the new trait just like multiple subjects and kinds , complexity etc. The people's Mediation System itself also met many frustrations and difficulties, such as unknown location in legal system ,lack of funds and flaws of the system and so on .In system stratification level ,our country was stuck in the old rules ,like < Organic Act of People's Mediation Committee> which was issued at 1989 by the state and the certain provisions of the civil Procedure. It lacks of the basic legislation of people's mediation system. When the country was developed and the further reformed , some of the provinces and cities especially Guangdong province ,during the practice ,they have positively explored the people's mediation work. It has formed many effective ways. Because of it ,it's possible to perfect the basic people's mediation legal system. At the same time, the local government used the local legislation to sum up the practical experience ,also generalized it ,and has begun to promote it. And it also develops and supplement the mediation council. But because of lacking the old legislation, it still has many challenges and difficulties in practice. Although the local legislation can establish some rules for some specific operational questions , there are still many problems such as confused of the nature location of the people's mediation and effectiveness of people's mediation agreement ,etc .All of these stuff have to be solved by rebuilding basic legal framework. In August 28th ,2010 the was reviewed and approved by the Sixteenth session of the Eleventh National People's Congress. This law will bring about far-reaching effect in the part of the people's system completing and the people's mediation work strengthening, the social conflicts resolution , the stable of the maintaining, and also the socialism harmonious society construction part.I practice my research from the origin resource of the Mediation system ,and I discuss the people's mediation history ,status and its development .And I also deeply analyze the reality difficulties especially in Guangdong province people's mediation council ,and I also discuss its theoretical foundation, institutional framework , nature and function. Besides, I was inspired by the extraterritorial mediation system and compared with ours. In order to offer some of my opinion to develop and complete of our people's mediation system ,I try to offer some constructive direction advice on its program designed and the construction of legal system. In the meanwhile ,I tried to give a short brief to the new announced law ,the .