Ethical Thoughts On Mediation System Of China

China has always treasured the tradition of using mediation to resolve disputes. However, along with the advancement of times as well as changes in society, economy, legal system and cultural conception, the traditional mediation system in China seems to have fallen into an embarrassing posotion in its course of development, especially at a time of social transformation when the trend of interest diversification results in sharp increase of various disputes. On the one hand, lots of disputes and conflicts in real life including a great number of domestic civil and commercial law suits are still resolved by way of mediation. On the other hand, quite a few legal professionals have little passion for mediation and, as a result, the traditional way of settling disputes by mediation has to some degree become less popular. The predicament for the mediation system necessitates its research. Nevertheless, so far most of its study has conducted from the perspective of law. Rarely is it looked into from that of ethnics. This paper, therefore, attempts to offer an ethnical view on our present mediation system by using for reference the existing research achievements in law, politics and sociology.Firstly, through observation and research, the scope of study on the mediation system by this paper is defined, which is focused on mediation by court and by people. Therefrom, the ethical spirits and value goals contained in our mediation system is examined. The rich ethical requirements implicated in the mediation system is then expounded, namely, to develop harmonious society, to settle disputes using various means such as education, negotiation and guiding and to use social morals as the golden rule. And ethical vacancy of the mediation system is analyzed from both theoretical and practical fields. Lastly, based on the theory of logical and historical unity of law and moral, specific measures to be taken to restore the mediation system are advanced, i. e. insisting on both law and morality as principle, strengthening education and training for judges and people's mediators in professional ethics and social morality, emphasizing the requirement for honor and honesty of parties concerned with systematice monitoring, intensifying social moral education with importance attached to normalized cultivation of social morality, and finally establishing and implementing safeguard mechanism for people's mediation and perfecting court mediation system.