The Dialogue Between Traditional Mediation And Modern Rule Of Law

Chinese traditional mediation incurred much blame from western rule of law. Faced with turbulent situation, a suppositious dialogue is launched between traditional mediation and modern rule of law on behalf of Chinese traditional culture. In the scene of dialogue, Chinese tradition mediation is not only raised high, but also reflected of malpractice in practice.Traditional mediation is embodied in Chinese traditional culture, containing beautiful value of traditional culture. As a beautiful system of law in ancient China, it has advantage of cost and effect of solving dispute, compared with litigation. The system of traditional mediation embodies Chinese traditional culture of harmony and ideal pursuit of non-litigation. At the same time, the idea of humanism is also embodied in it, displaying clearly spirit of humanism, widely different from western individualism.The spirit of modern rule of law lies in liberalism and individual rights. From ancient Greek and Roman, after a long period of mid-century, idea of legal justice is combined with new ones. Liberty and individual rights constitutes the foundation of modern western theory of rule of law. The spirit of modern rule of law is effective to blame traditional mediation, and the thesis selects three angles which are justice, liberty and individualism to query traditional mediation in practice.To the criticism of modern western rule of law, the thesis avoids western language as a sole and universal means of explanation, and tries to respond to it with traditional language and system of value. The reply is corresponding to blame of modern rule of law from three angles in concert with them. In the course of dialogue, traditional mediation refuses powerfully modern rule of law, displaying clearly beautiful value of traditional mediation system. Similarly, it is no need evading malpractice of mediation in practice. In modern society, greatly different from traditional society, traditional mediation system should be transformed and reformed in the course of modernization according to different circumstances and different times, to keep its good value.