Traditional Mediation System And Its Modern Reconstruction Of Thinking

Mediation, as a special judicial form with traditional cultural characteristic of ancient china, has an old historical origin and is notable in the world. The social construction and cultural background are the bases of the "non-litigant" idea. Many Chinese of ancient and present dreamed of a non-litigant society, but which is just an unrealistic dream and can't exist at any era. Maybe, mediation is the right resolution to the indispensable disputes. Ancient mediation has many forms, but the core spirits of all forms are the doctrine of harmony, the idea of non-litigant and the principle of upbringing. Based on theoretical system and social idea, mediation becomes an important tradition of our main-culture Nowadays, as more and more people consider the rule of law as the idea state, the values of harmony and nature, combining with shortcomings of mediation institution are apparent. So how to re-evaluate the status of mediation in the new era becomes an important issue. In this paper, the author points out that only basing on a certain cultural environment, a legal system is full of vitality. So is the dispute-revolution-system. Since different interests and values are shared by different members of people, every one has his own preference for dispute revolution it is out of question that the mediation institution will play a more important role in the world. By analyzing the legal system and its actual fulfillment, the author puts forward the shortcomings of mediation institution and gives suggestions for its improvement.There are four parts in this paper. In Chapter one, the author analyzes different kinds of bases for non-litigant idea, introduces different forms, general procedure and core spirits of traditional mediation institution, points out the shortcomings of mediate in the protection of human rights. In Chapter two, some reasons for the existence of mediation in modern ages are given. In Chapter three, based on the analyzing of the shortcomings of mediation, concrete measures and suggestions for improvement have been done. At last, the author gives a general summary for this paper.