The Perfection Of China People Mediation System In The Period Of Social Transformation

People mediation system is an important component of our nonlegal system to settle the disputes, closely related to the national and social stability and the advantages of nomocracy. In the modernization process of nomocracy development, judicature of every country has been or will be faced with the pressure from lawsuit. It is regarded as an well-proven method in continuous practice to take the advantage of unofficial system to settle the disputes to reduce the pressure for the courthouse, attach importance to multiple settlements for disputes in order to protect the authority of the courthouses and effective utility of judicatory resources. Unofficial system to settle disputes sympathetic feature have strong appeals to society and can combine two kinds of interests: one is attention to quality and approachability of judicature provided to individuals; the other is the ability to deal with serious congestions in courthouses and the skyrocketing courthouse cost. It is impossible to stop ADR trend of thought in western countries where nomocracy development claims to be highly civilized. Mediation system in our country is just the matrix of ADR, highly commended by the borrowers as oriental experience. Convenience, efficiency, low-consumption and etc. of people mediation system are the main factors why it is needed in the development of modern society. In contrast, due to imperfect legislation and system reform quite behind the age the development of our people mediation system declines sharply. The surging up lawsuit pressure sounds the alarm for us. During the transformation from a society indulging in judicial supremacy to an initial modern society, the limitations of lawsuit in settling civil disputes highlights itself. Both theorists and practice circle pay more and more attention to nonlegal system to settle disputes, especially the role of people mediation system which ever distinguished.Starting with people mediation system, from the perspective of sociology and law, this thesis compares with other existing mediation methods and analyzes the characteristics of people's mediation system, a self-rule activity– to settle civil disputes relying on peoples'self-education, self-management and self-service. In the next place, during the social transformation, convenience, high-efficiency and maintaining the basic requirements of people's interest which people mediation system possesses just accords with the demand of socialism market economy. Besides, the concept of Harmony is precious and Coexistence through Negotiation that people mediation system advocates has been adapted to the general targets to construct a harmonious society. Moreover, constructing a law-rule society requires the people mediation system to make its contribution. People mediation system is faced with new challenges in the special period of social transformation. The old mode of people mediation system and operation mechanism can no more satisfy the demands from modern society but restricting its development, challenges and opportunities. How to improve the existing people mediation system constitutes the most important part of this thesis.With the combination of demonstration analysis and theory elaboration, by depicting and analyzing the opportunities and challenges faced by people mediation system, this thesis reveals the characteristics and predicament of our people mediation system development; analyses the main reasons which shackle its development by expounding pertinent theory; conclude feasible reforming programs.Besides introduction part, the whole thesis consists of four parts: the first part elaborates the basic theory of our people mediation system; the second part analyzes the role and value of our people mediation system; the third part analyzes the challenges it faced; the fourth part conceives reform and improvement of our people mediation systemThe innovation of this thesis lies in orienting the attributes of people mediation system from the perspective of sociology, seeking countermeasures beyond development predicament with the background of social transformation, provided with evident contemporary and practical significance.