On Chinese Traditional Mediation System And Its Modern Transformation

With the gradual expandedness of social transformation and the deepgoing of legal modernization, people are having a more profound understanding of the special role of Chinese Traditional Mediation System in dispute solving. Especially in the historical context of constructing harmonious society, Chinese Traditional Mediation System plays an insubstitutable role in maintaining and promoting a lasting political stability of the country, keeping harmonious relations of different social stratums and developing a harmonious society. In the first place, from the angle of law culture in jurisprudence and having the philosophical hermeneutic as the main method, this thesis studies the factual lay, philosophical foundation and deep-seated social groundwork of Chinese Traditional Mediation System and explores the most valuable factor in Chinese Traditional Mediation System which can contribute to the legal system construction of modern China—harmonious culture. In the next place, analyzing the status quo of China and the strong and weak points of Chinese Traditional Mediation System, the author puts forward that Chinese Traditional Mediation System should be transformed to adapt to the need of establishing pluralistic dispute solving mechanism. In the end, on the basis of reality and using the mediation theories and legislation practice inside and outside of China, the thesis discusses the measures of transformation and application of Chinese Traditional Mediation System in the context of constructing harmonious society, reconstructs the modern mediation system and puts forward some general ideas about the making of mediation law. The thesis is divided into four chapters. The first chapter is about the factual embodiment of Chinese Traditional Mediation System. The second chapter studies the philosophical foundation of Chinese Traditional Mediation System. The third chapter analyzes the social groundwork of Chinese Traditional Mediation System. The fourth chapter discusses the transformation and application of Chinese Traditional Mediation System in modern China.