Perfection Of People 's Mediation In The Context Of Harmonious Society

Under the big background of harmonious society, we are in the society which is characteristic of democracy and the rule of law, fairness and justice, stability and orderly. The basic principle of Marxism is the theoretical basis of building a harmonious society in contemporary China, and provides a scientific world outlook and methodology for the construction of the harmonious society. People’s mediation system will benefit society as a whole.A detailed analysis of the problems and perfect countermeasures in urban and rural areas of People’s mediation system is highly important.The first chapter of this article is to set forth the ideology and status basis of People’s mediation system. The people’s mediation system has the characteristics of non-confrontation,non-decision, high efficiency and convenience, and the characteristics of the non-disclosure. It also has the nature of people, autonomy and democracy. The ancient concept of "harmony" and "no litigation", modern democratic autonomy and the concept of public participation is the ideological foundation of the people’s mediation system. And the law of people’s mediation system is the fundamental of law of the people’s mediation. In this chapter, the progressive significance of the law of people’s mediation system is as well as being pointing out. Besides these contents, the differences forms of organization between urban and rural people’s mediation is also to be analyzed. In the city, the people’s mediation committees include the people’s mediation committee established in the neighborhood committees, the people’s mediation committee established in the streets and the regional people’s mediation committee. In the rural areas, there are the people’s mediation committee at the township level and the people’s mediation committee at the village level.The second chapter is to analyze the shortcomings that existing in the actual operation of the people’s mediation system in urban and rural areas, to find a breakthrough to improve the people’s mediation system. In the urban areas, there are the problems of the non coordination of the community and the mediators, and the agreement of the people’s mediation lacks of standardization. In the rural areas, there are the problems of the mediators’ low comprehensive ability, less money of people’s mediation, and also the people’s mediation program did not strictly implement, the problem of serious administrative tendency.The third chapter focuses on proposing solutions to common problems of people’s mediation in city and rural areas, such as bringing the people’s mediation course into the University, strengthening the professional quality of mediators, implementing the mediators’ qualification examination, also implementing the supervision of the mediators. At the same time,focusing on the solutions to the different problems of people’s mediation system in the city andcountryside, putting forward corresponding improvement strategies from the system’s level and judicial level respectively. In the city, in system’s level, it is recommended that to increase the provincial financial support, to play the advantages of urban resources to regulate the mediation process, to standardize the production of mediation agreement. In the judicial level, it is recommended that to enhance the judicial confirmation of people’s mediation agreement, to learn from experience of America’s risk sanctions regime, to take flexible and diverse ways to enforce the effectiveness of the mediation agreement. In the rural area, in system’s level, it is suggested that to improve the mediation procedure and the purview of mediation, to implement the mediation budget, to improve the comprehensive ability of the mediators and the villagers’ legal awareness. In the judicial level, it is proposed that the court should send qualified mediation instructors to rural areas, and the judicial authorities should guide training rural mediators, and the circuit court to go to the countryside. In short, advancing the people’s mediation to play an effective role in city and rural villages, and promoting China’s economic and social development is the purpose.