A Preliminary Analysis Of The Mediation In The Early Days

Especially, in the 2000 years of feudal society, the traditional mediation system occupies a pivotal role in the dispute resolution. It also makes a major impact on dispute resolution in contemporary China, as well as the social governance. This paper is to study the mediation system. Different from previous studies, this paper intercepted the founding of the PRC as the research object. Because mediation system has a major impact for the building of the regime in the Early Days, and this particular period of history endowed the mediation system unique manifestations and the ideological foundation. This is a unique in early days. This article highlights the innovation of the mediation system through the comparative analysis and historical data analysis. One of the aims is to better understand traditional Chinese culture. Another purpose is to objectively understand and study the unique concepts and legal environment in the new country.This paper is divided into four parts. The first part conducted a review of the previous literature work. This paper argues that there are two theoretical paths on the study of the initial mediation system, which are cultural analysis and functionalism analysis. These two kinds of methods all have limitations. Inspired by the both theories, this article attempts to more objectively and comprehensively describe the mediation system in early days. To study of the Early Days'mediation system, it is necessary to understand the traditional Chinese legal culture. In order to better explore the mediation system, the second part of this article explores the traditional mediation system. First, from"No concept of First Instance","De punishment second"in the Confucian philosophy and the patriarchal family structure, this part analyzes the ideological basis of the traditional mediation system. Then this part investigates various periods'evolution of the traditional mediation system. Describing the historical background of mediation system is more conducive to format the point of view, and to treat the system from the perspective of traditional culture. In generally, the legal traditions of the Communist Party were formed in the Shaanxi-Gansu-administration. The initial founding of the mediation system also grew out of Shaanxi-Gansu-administration. Part III begins by describing the ideological basis of the initial founding of mediation system -- namely, the judicial concept of the Shaanxi-Gansu. Based on the report of the Judicial Conference,which Xu Director made in the Taihang area in 1946, a large number of references have been cited in order to analyze the basic experience in the practice of mediation in the Border Region Government. Then, the article discusses two kinds of manifestations of the mediation system in the early days-- people's mediation system and the court mediation system. At the same time, this part focuses on the court mediation system of the early days by discussing the divorce practice, and compared the people's mediation system. On the basis of Part III, the last part of this article analysis the features and functions of mediation system of the early days. By using the method of comparative analysis, the article compared the founding of the initial mediation system with the traditional mediation system and the ADR system in the West. The purpose is to better understand the special nature of Mediation System of the Early Days.