| The mediation system, which is called "oriental experience" by western scholars, it adapted to Chinese Ancient economic, cultural and social environment. Moreover, it also played an extremely important role in dealing with civil disputes, maintaining social harmony and stability. The ruling class of Qing Dynasty followed the ancient mediation system, combining with its own national characteristics, to establish a set of mature civil mediation system to meet the needs of dealing with cases of civil disputes, In order to achieve the purpose of the ancient reference today, the article introduces a comprehensive understanding of the mediation of the Qing Dynasty by the scope, causes and characteristics of the analysis of the mediation of the Qing Dynasty.This object of this article is the mediation system of Qing Dynasty. It shows panoramic views of the mediate on system of Qing Dynasty through the analysis about Huangyan litigation files and related contractual instrument, so that we could get a comprehensive understanding to the mediation system of Qing Dynasty.This article consists four parts. Chapter one focuses on three historical evolution stages, which are the origins, development and maturity stages of ancient Chinese mediation system. Meanwhile, it makes a brief assessment to the characteristics of ancient Chinese mediation system, and it lays the foundation for the next study of Mediation system of the Qing Dynasty. The second part focuses on the analysis the types, the base of its operation and the characteristics of the Qing Dynasty mediation system. Sub-system of the Qing Dynasty's mediation is civil mediation, counties mediation and Crown Leases. Meanwhile, it shows the full civil dispute resolution system of the Qing Dynasty and the characteristics of the Qing Dynasty mediation through the analysis of a number of specific cases. The third part analyzes the causes of mediation system in ancient China, through the ideology and culture, small-peasant economy and local society, clan system and the cost of litigation to the parties and the right to appeal, such five aspects respectively. It allows us a more thorough understanding to the Qing Dynasty mediation system. Base on the analysis of the Qing Dynasty, the fourth part draw lessons from the ancient mediation system with a view to the plight of modern Chinese inspiration for judicial reform. The Qing Dynasty mediation system played an active role in building stable social order and calming down civil strife. However, the mandatory of the Qing Dynasty and other characteristics of the mandatory mediation system resulted in the mediation of the injustice, and the lack of people's awareness of their rights. Therefore, we should absorb the quintessence and to its dross when drawing the mediation system, so as to build the mediation system with socialist characteristics. |
