On The Transformation Of The People's Mediation

The founding of the People's Mediation System has its deep economic base and cultural background. The People's Mediation has its important status and unique value. The People's Mediation also has its functions and corresponding effects. The People's Mediation originates nongovernmental mediation system of ancient China. It germinated in the period of The Agrarian Revolutionary led by Chinese Communist Party, which was against feudal landlords. It formed in the period of Anti-Japanese War which was against fascist's invasion. It was founded in 1954 by new China .Since the reform and opening to the world, our country has entered a social transforming period from plan-oriented economic system to market-oriented economic system.Transformation of the society, the defects of The People's Mediation System make the people's mediation work come to an unprecedented predicament. The containing meanings of the transformation of the People's Mediation include: transformation from plan-oriented economy system to market-oriented economy system in economic base, transformation from emphasizing society's stableness to paying attention to rights of the parties in mediating purpose, transformation from prestige to knowledge in mediator's quality, transformation from unitary and narrow to compound and wide in mediating limits and objects, transformation from normal to abnormal in mediating procedure, transformation from softness to rigidity in mediating agreement's validity, transformation from morality and custom to legal system in mediating basis.The transformation of The People's Mediation conforms to the present actual needs of settling disputes, developing market-oriented economy, improving culture and ideological progress and construction of harmonious society. It has its certain social foundation, human resources base and material security.The transformation of The People's Mediation contains three aspects including transformation in sense, system and work. The transformation of sense is the prerequisite, the transformation of system is the guarantee, the transformation of work is the crux. The transformation of sense contains: Correctly dealing with the relationship between legal system and self-government rights, getting rid of the idea of omnipotent law and blind faith in lawsuit, having such idea as saving judicial cost and social comprehensive cost, making weight of moral cost become one of the basic guiding principles, establishing secretly and actively mediating principles. Transformation of system contains legislation, construction of organization, standardizing the procedure, validity of the agreement, material guarantee and so on. Transformation of work...