On The Integration Of Trial And Mediation: The Basis Of Solving Civil Disputes In Harmonious Society

With the development of society, conflicts of interest are diversified and people are eager for justice, but our existing dispute settlement mechanism has increasingly revealed its many inherent shortcomings. Building a socialist harmonious society demands that we should not only pay attention to stimulating social vitality, promote social equity and justice, enhance social awareness of the law and ethics, but also uphold unity and stability. Therefore, to achieve this important social aim and to meet contemporary need of resolving disputes, we use the salutary lesson of ADR of other countries and establish multi-interaction mechanism of settling disputes based on our national conditions.As civil dispute is an important part of social conflicts, the author has paid close attention to them. The object of study of this paper is the most representative of civil disputes in two ways, namely mediation and trial. Mediation is divided into a number of categories, but this paper just touch upon people's mediation and court's mediation because of the limitations of information and research capacity. In this paper, I use proven methods of history and divide it into four parts. During the founding of new China, the evolution of mediation and the trial, to seek opportunities for conciliation with the changes and trials; further assessment of the current state of relations between the two, draw a conclusion: the settlement of civil disputes harmonious society should base on mediation and trial integration; and further demonstrated that the integration of both theoretical and practical basis; Finally to build specific systems to resolve civil disputes.First of all, the study of mediate relationship between mediation and trial have been divided into four stages: First, the early years of founding, the main methods of handling case is mediation right after the founding of new China mingled with highly political; the court give priority to mediation in handling cases. Second, the period of socialist construction, as a tool for class struggle, mediation and trial systems have been greatly damaged, due to the "leftist" mistakes and the "Cultural Revolution". The methods of dispute resolution system are very brutal. Third, the period of reform and opening up, as a result to the reconstruction of the legal system, mediation and trial method to be significantly improved, and the both penetrate mutually. Four, the period of social transition, the impact of the trial is respected owing to the reform of the legal system, and mediation shortcomings exposed, then it gives way to trial. In short, in different social background, the relations between mediation and trial have different content.Secondly, the assessment of relationship between current mediation and the trial in China, mainly from two aspects: First, the people's mediation, court's mediation and the trial of the current situation. Make a concrete analysis of the current situation and existing problems in this part. The author also notes that the interface interaction between court's mediation and trial system still needs further improvement. Secondly, analysis of the relations between court's mediation and trial, then draw a conclusion that we should maintain court's mediation system and make it separate from the trial.Thirdly, expound and prove the basis of integration between mediation and trial in a harmonious society theory practically and theoretically. Because of the global impact of the ADR movement, to achieve a just and comprehensive approach mediation and trial system and make its functions yield well, the complementary system calls for the integration of two in the harmonious society. On the practical side, China's current civil disputes diverse, pluralistic basis of social relations and people are more willing to seek a negotiated settlement way to settle disputes, then system integration is an inevitable trend, so constructing a socialist harmonious society is actual needs.Finally, this paper demonstrated specific programs of integration of the trial system on the basis of the previous article under the mediation, including : staffing, procedures, and other aspects of convergence of the people's mediation and court's mediation, the separation and convergence of court's mediation and trail; and the mediation system and the justice system of their respective perfect, eventually establish a core of the trial, mediation and trial interactive interface civil disputes settlement mechanism. The author believes that respective systems to complete perfect firstly. Throughout the civil dispute resolution system, more trials are at the core of the position, must strictly follow the rule of law and follow proper procedures and the tightness of legitimacy. On the premise of safeguarding the authority of the civil trial as the ultimate solution to the dispute, mediation may give full scope to dispute resolution coordination of social relations.