The Mediation In Rural Governance

Mediation is a traditional dispute resolution in Chinese rural society. This paper mainly does the research from the angle of governance in rural society. It inspects the governance and application of mediation in rural society by analyzing economy, culture and society structure in different periods. The historical changes of governance and mediation indicate that the application of mediation is closely linked to the political government and management. Mediation is important to keep the order in rural society. It plays different roles in different legal traditions. The political state control to the rural society undergoes the"culture net of power"to the"organizing net of power", mediation also changes from the"traditional folk mediation"to the"people's mediation". At present, rural society itself and the relation between rural society and political state is changing. With the new idea of governance, the political state wants to transform its traditional government to governance. The governance in rural society needs to be approved. When legal institution is setting up in China, the political power accompanies official law into the rural society, but both of the official law and the formal institution meet kinds of difficulties in rural society.This paper considers that mediation is still necessary in rural society. Mediation is helpful to remedy the limitation of legal system. It is necessary to the multiple dispute resolution system. Mediation emphasizes participation of the conflict parties. During the process, they can get the consensus by communication. It is also useful to realize the communication between the official law and folk law. In addition, mediation is beneficial to realize the pursuit of order in governance. But in the new period we want to transform the mediation in a creative way in order to develop its possible value and utility fully. We should respect and emphasize the parties'acceptability and autonomy, as well as prevent the improper intervening from the political power during the process of mediation. For the need of self-governing in rural society, its own organization can fully act on mediation. In addition, mediation is not only limited to the official law, which provides extended space for the folk law.