Study On The Multipartite Mediation Mechanism

Since the reform and opening up, society went through a series of changes. Especially, the social conflicts and disputes highlighted after the society entered into reforming period. In this process, people's mediation system which was praised as "Oriental Experience" gradually lost the special status of its original dealing with the disputes in the course. Faced the form of complex society, the state was proposed the strategy of governing country following by law meanwhile it was written in constitution. It also was the goal of government to solve clamjamfry of conflicts and disputes. However, there were numerous problems during the specific implementation process. The litigation, was One of the most important ways to solve conflicted and disputed resolution.But because our judicial system is not perfect led to litigation can not meet the needs of society, However, the traditional people's mediation system has slowly lost the basis of the clamjamfry.In the administrative mediation beside public order mediation on some applications. Some of the administrative authorities have not in the administrative mediation. In the complex social conflicts, group conflicts and disputes, the vicious contradictions and disputes filled in this society, The clamjamfry use various means to come true their purposes of protecting their legitimate rights and property. But the existing judicial system in our country and kind of dispute settlement mechanism has not reached the requirements of the people. Especially, it was not by means of a series of traditional means to solve the case such as land acquisition compensation disputes, inter-regional inter-departmental disputes. The clamjamfry were rising social discontent.The phenomenon of the petition is serious. It will threaten the stability and security of the whole society if these problems are not solved.Based on national circumstances and background of reforming period, The state put forward to the requirements which are to comformity social resources as well as to solve social conflicts and disputes. At the first, mediation session by the people mentioned in the policy of integration to resolve resource conflicts and disputes so that the Ministry of Justice introduced to encourage people's mediation-related specifications using various methods to resolve disputes. After that, the Supreme Court issued a special judicial interpretation, as well as to the most recent promulgated the "Law of the People's Republic of People's Mediation," also was referred to the use of mediation to resolve disputes tendencies. Under the encouragement of national policy, it was implemented around the multipartite mediation mechanism to resolve conflicts and disputes in the attempt. Although the countries are carrying out the process of multipartite mediation which has achieved many successes, there are not satisfactory with coming.