Legal Study On People Mediation Institution Reform

People mediation institution is a legal institution with Chinese characters and is reputed by western scholars as " Oriental Experience". It is a civil dispute resolution mechanism which maintains the society stable. During the reforming process of building a country ruled by law in recently years, our country pay more attention to the establishment and perfection of formal legal procedural institution and take the civil procedural mechanism as the main means to resolve civil disputes. Therefore, there appears an unbalance, to some extent, among the multi dispute resolution means. On one hand, the litigation cases pouring into the court urgently need the expanding of judicial resources, while the limited expanding of judicial resources could hardly keep up with the increasing rate of litigation cases; what's make things worse, litigation is bora with some disadvantages. All this facts make the unbalance between litigation and judgment inevitable, leaving countless cases unsettled. One the other hand, the foundation that maintain the existence and development of the people mediation institution gradually dissolved, people meditation institution faces challenge from both reality and theory. The traditional people meditation institution exposes many immature aspects: the mediation agreement is in lack of legal enforceability, the accepting range is narrow, the quality of mediation staff is not high enough, the mediation organization is weak in power. All the facts mentioned above make the present status of people mediation far from satisfactory. Whether it is necessary to reform and how to reform becomes a question that must be answered for the existence and development of people mediation institution.The judicial interpretation of the supreme people's court in the year 2002 is the prelude of the reform. The judicial interpretation regards the mediation agreement as a contract between the two parties and makes the mediation agreement a binding force in law. The "bottleneck" problem of people mediation is settled to some extent. The people meditation institution acquires power and vigor of development in post litigation era. But we still need further reform to keep this institution vigorous forever. However, it is definite that the reform can't be achieved without taking successful experiences from other countries and areas as reference. Currently, there exists various disputes resolution mechanism relevant to people mediation all over the world, we can have some successful experience that is compatible with our tradition and present situation as reference. Endowing the agreement of people mediation with enforceability, expanding and regulating the accepting range, constructing new type of mediation organizations is the three beneficial enlightenments that we get and the three goals that we are striving for.The reform of people mediation institution needs practical and possible conditions, such as the support of the qualified human resources, the support from thepeople's court and the support from the government as well. Based on the tendency that the basic-level legal service office will gradually quit the litigation agent and defending field in a certain period, the author, after making thorough analysis, delivers a creative viewpoint that is to transfer those recruits who work for the basic-level legal service office to become a member of the people mediation organization so as to support the reform in human resources and boost the reforming process. In the end of the thesis, the author discusses the active roles that court and government should play and can play in practice in order to boost the people mediation reform.The thesis is divided into four parts, the basic structure is as follows:Part one mentions the origin of the question, The author makes a brief review of the history of the people mediation institution, analyzes the dissatisfactory present situation and the reason behind it;Part two focuses on the necessity of the people mediation reform. The author points out the important roles that the people mediation reform plays during the process of constructing harmonious society; analyze the importance roles that the people mediation reform can play in alleviating court' pressure and decreasing judicial cost; makes it clear how important the reform is during the process of constructing multi dispute resolution mechanism and therefore proves the necessity of the people mediation reform.Part three concerns the direction of people mediation reform. After the analysis and comparison between the successful experiences from the other countries and areas in the field of people mediation as reference and the present situation in China, the author proposes three directions for the reform: to endow the agreement of people mediation with enforceability in law; to expand and regulate the accepting range of people mediation cases; to construct new type of mediation organization.Part four discusses the feasibility of people mediation institution reform. The author, bases on the present situation and development tendency, proves the possibility in reality of people mediation institution reform by the fact that the human resources are sufficiently guaranteed and the supports from the government and the court are effectively functioned. One thing worth mentioning is that the discussion of the human resources support for the people mediation institution reform is the author's creative viewpoint.