Research On The System Of Chinese Mediation

Mediation is the oldest dispute resolution in the world, almost every dynasty has the records of mediation, and mediation is praised as"a miracle that took root in Chinese traditional legal culture fertile sole". The system of Chinese traditional mediation is the important part of Chinese traditional legal culture—especially the Confucian culture. It emerges and develops on a deep social and culture foundation in China. Mediation has a long history in China, the philosophy and idea in the system of Chinese mediation implies the universal value pursuit in the development of human society. Mediation presents different characters in different areas at different historical stages as the human society transforming, the court mediation and the people mediation are two mainstays of Chinese contemporary mediation system, mediation is the main dispute resolution in society compared to arbitration and lawsuit. The system of Chinese mediation has lasted and gets results, it matters much to Chinese traditional mental culture, and it indicates that Chinese mediation sustains its quality through age, mediation has specially quality. The theme begins from the origin and development of Chinese mediation, by carding the network for development of two mediation systems—court mediation and people mediation—in history, analyzing the value and function of the two mediation systems, inspects the comparative of foreign system, at the last, the author analyzed the two mediation system how to join together in juridical practice, in order to make the mediation perfectly.