Research On The Chinese Contemporary Civil Mediation

China has a long history and a long tradition of civil mediation. In the long period development of history, it comes to be a way to resolve disputes over Chinese characteristics. Mediation system known as "oriental experience" has aroused worldwide attention. The mediation to resolve the dispute has played an important role in the disputes' resolvation of our country and still has enormous room for survival in the solution of disputes of our country. Most of China's ancient rulers often payed an important attention and support to civil mediation with the aim of bringing stability to the country. At the last period of Qing dynasty, China began to absorb western countrys' laws on a large scale with Japanese laws as the media and a modern legal system was established gradually. However, its effectiveness has been blocked by the fixed border of villages, families and trade guild and it could not be infiltrated into the daily life. The government of the Republic of China proclaimed the " purview specifications of mediation committee in villages and towns". They tried to intervene villages' order through mediation organization. While they failed to shake the dominance of the nation's presbyters. The civil mediation as an unofficial way of dispute resolvation was still as powerful as ever after an social revolution although inherent family system, guild system and presbyters' authority had been destoryed throughly. There are many reasons for the civil mediation's prevailing in China. And most scholars take civil mediation as the representation of Chinese culture. This view is reasonable to some extent. But in my opinion, the social foundation of our traditional society is the decisive factor of civil mediation.There are various forms of civil mediations after experiencing changes of more than one century in contemporary China. It seems to me that the civil mediation as a way of settling disputes has become an alternative means for litigation. Its independence has been greatly reduced. Civil mediation in our society has its own rationality and could provide an effective means for resolving social disputes. At the same time, it accords with the requirements of legal system. Therefore, we should not deny it simply. It does not mean that civil mediation of our traditional society is in full compliance with the legal requirements. We should adjust the traditional mediation way. Synchronously, We should not make the mediation institutionalized and standardized blindly. It should be adjusted on the basis of a correct analysis of civil mediation's causes, the functions it takes and its relationship with the requirements of legal system.In the first section of the thesis China's traditional civil mediation is discussed. The history of China's civil mediation system must be understood correctly if we want to have an correct acknowledgement of modern civil mediation. Our traditional social civil mediation is one of the most often and most important contents in China's traditional law life. It is the form of justice that represents culture most and has richest culture charming. Its contents are richer and moreprofound than any other forms of justice. Firstly, China's traditional economic patterns and production ways determine the exertion of civil mediation's independent function. Secondly, China's social structure provides space for the exertion of functions of the traditional civil mediation. Also, the structure has made civil mediation as an important way to solve disputes long-standing. Thirdly, the Chinese people have characteristics such as pursuiting harmony, honesty, modesty and tolerance. These characteristics have paved the way for the development of civil mediation. Finally, the high cost of litigation, officials' suppression and judicial institutions' distemperedness are also important factors for civil mediation's existence.The states of contemporary civil mediation are introduced in the second part of thesis. The civil mediation has undergone great changes after many social changes. Seen from the beginning of mediation, the agreement of both parties has decisive significance. From the mediation process perspective, the procedure has been strengthened. From the basis of mediation, legal factors have been reinforced. From view of effects, contemporary civil mediation has no direct enforcement and its executive force is also greatly reduced. These changes express themselves in the social infrastructure, people minds' changes and the establishment of a modern state system. Of course we can not say that the changes in the civil mediation is absolute. Due to all aspects of society and economy, regional differences are inevitable. However, we are sure that civil mediation has already covered legal factors. In other words, we can say that civil mediation is moving closer toward the orbit of the legal system. The power for changes is from the changes of social basis or the controller of public rights-nation.The third and fourth parts of thesis discuss problems faced by the contemporary civil mediation and how we should deal with civil mediation. Civil mediation plays a complex role in our lives. Civil mediation is often not considered as part of the legal system as as a comparative traditional means of resolving disputes. But it is also criticised because it may suppress people's rights opinions in the process of resolving the conflicts of two parties. In the process of legal system's propagandization, litigation often represents the improvement of right concept and more consistent with legal requirements.However, an informal dispute settlement manner is urgently needed to replace the litigation to alleviate the pressure in the situation of rapid expansion of litigation cases. Civil mediation as a manner practised by people all the time has become the best choice. That creates a conflict between the demand and lack of trust. The conflict has been shown clearly in officials' pro-active attitude to civil mediation and civil mediation's lack of law effectiveness.In the ADR movements of western countries, civil mediation is an essential element. Although this movement in the west still has many doubts, an absolute majority of participants in the mediation are satisfied with mediaton procedure, the neutral mediator and the results no matter mediators are private mediation service providers or court-appointed volunteers. Moreover, the parties participating mediation tend to satisfy with mediation process usually higher than those who have experienced in other procedures such as trial or negotiation. The degree of compliance is at least as high as the degree of compliance with the outcome of the trial according to the study on the parties to comply with the outcome of the mediation. These findings show that it will not obstruct the building of the legal system and may have the good effect if we can make reasonable use of mediation. Therefore, the civil mediation should become an alternative means of settling disputes.In a word, the mayor idea of the thesis is that the civil mediation means are flexible. It is of positive significance if we could seize the crux of the various disputes and have systematic analysis of our current legal system.