National Research, And Social Paradigm Of Mediation

To study Chinese mediation system based upon the theoretical pattern, we should firstly solve the problem of interpretative limitation to Chinese problems. As a matter of fact, there is no such situation that political state opposite to civil society in China. However, the reason why the political pattern can interpret Chinese situation is that the government opposes to the civilian in China. Under the political power, the vast civilian society called the small tradition is opposite to the big tradition, which represents the political state. In the field of legal sociology, the relation between political state and civil society is that between official law and civilian law. Under this perspective, mediation in China is not only one of methods to solve dissensions but also a kind of symmetrical structure to manage the society. In different legal traditions, mediation plays different roles to connect the big tradition with small tradition. In ancient society, the connection between different legal orders depends on the cultural integration. The political state controls the civilian society by the cultural net of power, mediation in moralizing pattern connect the different legal orders. In the new legal tradition, the political state controls the civilian society by the organizing net of power, and mediation is turned into the method for the political state to control the civilian society. When legal institution is setting up in china, the relationship among peoples is becoming rational, so the power in rural society is based upon interest. When the political power accompanies official law into the rural society, the process of mediation is intervened by political power as well as the rational reckoning.The paper tries to combine the theoretical pattern with the practical study, so it analyzes the process of a specific dissension under the perspective of rule, discourse and pattern. And the paper draws such a conclusion that the process of mediation displays the balance between the inner law and the outer law, the negotiation between the mass discourse and the experts' discourse. And the pattern of state and society discloses the nature of mediation that it is just a balancing process of multiple powers.In legal state or legal society, mediation can remedy the limitation of legal system, however legal system has still not been set up in China, so we can't emphasize upon the function of mediation. In China, the values of mediation exit for the conflict between the official law and civilian law. Under the premise of respecting the official law, mediation provides extended space for civilian law and it sets up such a flexible system for the conflict between tradition and modern. In this way, we can low the cost to set up legal system. Therefore, we should transform the traditional mediation in a creative way and we should not adhere to the relative reasonability of tradition and deny the progress of history and prevent modern legal system from setting up. To transform the traditional mediation, we should obey modern standards of legal system, we should aim to acceptability of clients in mediation, and we should respect the client's rights. To transform the traditional mediation thoroughly, we should reconstruct the relationship between the political state and the civil society. In this way, the society becomes autonomous, the individual is self-governing, and the mediation is independent to prevent the political power from intervening the process of mediation.