The Research On The People's Mediation System In Urban Communities

People's mediation, as a traditional disputes solving system, is a convenient, fast, cheap method of dealnig with disputes. It can resolute dispute effctively, restore relationship between the parties, maintain social harmony and stability. It is playnig important role in the dispute-resolution of our country. Since 1990s, with the development of legal system and the arrival of Litigation era, China's mediation started to decline, accepted disputes reduced by degrees, the existence of mediation organizations encountered difficulties. However, practice shows that it is very difficult to meet the need of social dispute-resolution only relying on the formal legal procedure, and a mechanism based on the rule by law will better satisfy the need of social harmony. Especially in a pluralistic society, People's mediation has Unique value. This paper intends to clarify the role of people's mediation and puts its focus on the urban people's mediation. The author will, through the analysis of urban people's mediation in small city, highlight the important role of the people's mediation in the dispute settlement mechanism and expose the system problems in actual operation. The paper will suit the remedy to the case and break one by one to revive or reconstruct of Community Mediation System.Part I, The general theory of mediation and community mediation. It systematically discussed the history development, the basic definition, the social function, the unique nature and the typical patterns of the people's mediation. For thousands of years in the history of the Chinese nation, mediation have always been kept applying and developing. China's existing system which born out of the period of new-democratic revolution, gives fairness resolves to the dispute on the basis of voluntary, presided by the mass self-governing organizations. People's mediation system is a legal system with Chinese characteristics, which plays an important role in meeting the practical needs of dispute settlement, maintaining social harmony and stability. With the advance of city reform and the deepening of community building, people's mediation system have a significant development in modern society coexisted of pluralistic values, and its operation demonstrates the unique characteristics: contains the color of administration on the basis of self-government, mediation based on the principles of law relying on the power of social reasoning, coexistence with easy and flexible mediation process and the arbitrary nature of arbitrary.In China, many cities actively explore in the community mediation and create the typical patterns of city communities people's mediation system, such as the People's Mediation Workshop in Shanghai, the great pattern of community mediation in Guangdong and the mediation pattern of "joint police and people" and " Taoyuan "mode in Shenzhen.Part II, The legitimacy of people's mediation system in city communities. Mainly discusses the following aspects: as to the economy, community mediation can effectively reduce the private and social costs. As to the politics, community mediation serves as an important way to the social control, in order to maintain the stability and harmony of the basic social order. As to the society, compared with the proceedings, the community mediation are generally recognized by the masses in the dispute resolution on the quality and quantity, with high satisfaction, and to avoid demonstrations petition. As to culture, community mediation inherited cultural tradition of Chinese Confucianism, advocates "Heaven" and "Harmony is precious", resolves the antagonism between the parties, and rebuilds the friendly and harmonious social relations.Part III, Positivism analysis on people's mediation system in city communities. Studying on the Binhe Community of Hu Ludao, Liaoning Province, describe and briefly analyze of current situation of the organizers of community mediation, the scope of the dispute, specific basis and strategies for conciliation, and mediation procedures and related policies. As a procedure and way, which focus on practice and function, people's mediation system in city communities has many inherent disadvantages. Moreover, during the operation in practice, there are the possibility that community mediation would be abused, so we can not ignore its inherent limitations, as well as the external environment, otherwise it will confuse the role they should play and impede its due role to play.Part IV, Proposal on city community mediation system. This part is focused on the difficulties and defects mentioned in the third part. Although the city community mediation system has many obstacles and drawbacks in operation, but the importance of community mediation and how to construct the system have drawn the vision of the social and academic researchers. The key to improve the community mediation system is to make it better integrated into the legal system, highlight its natural advantages, overcome its inherent limitations and create new types of mediation. Major initiatives is to: better position the government's role in community mediation, stress the necessary support and guidance provided by the Government, regularize the role of people's mediation organization and its staffing so to maintain its independent and autonomous space; innovate its initiatives and expand the main scope of case due to community mediation's narrow range of disputes status, such as the Internet mediation carried out in Langfang, Shandong province; carry out the national formal law and legal sense better on community mediation, stress the importance of legal response to the society in the process of modernization of the legal; emphasis the importance of procedure in ensuring the legitimacy of mediation due to the possibility of community mediation abuse, and perfect the relevant system to ensure the normal functioning of community mediation.