Remodeling Of The People's Mediation System

As a peculiar method to settle the dispute ,the people's mediation institution is unique on the man's historical stage of democracy and legal system. It is a legal institution with Chinese characteristics through which mass autonomous organization mediates in folk quarrels . In China , it is the most extensive , effective and popular method to settle issues except proceeding. The people's mediation institution is called " China flower " of judiciary by west scholars .While in recent years , the special mediate institution is shrinking . According to statistics, the ratio between mediation and lawsuit is 17 to 1 in 1981, but in 2001, descends to 1.7 to 1. At the same time ,lawsuit is climbing fleetly , alternative dispute resolutions are developing vigorously all over the world . This forms a sharp contrast .The basic reason lying to folk mediation is looked as the opposite thing to procedural justice inappropriately , also , many people regard mediation as unauthentic , for little regulation about its authentic can be found in statute book. All these chilled the enthusiasm of mediation workers , and parties to a dispute cannot trust mediate organization . Lots of issues cannot be mediated. So, how to affirm mass mediation's legality from theory and concept , how to make its nature and authentic clear by statute , how to coordinates people's mediation and national mechanisms becomes very important problems during the development of the people's mediation.Judging from this, a study on the nature and authentic of the people's mediation institution have both important theoretical significance and practical significance. The author attempts to examine the people's mediation institution from various angles such as the present and reason,the law and institution ,the reform and development ,etc, aims to contribute to its future development.The dissertation consists of three chapters, plus a conclusion.In chapter one, by analyzing the current condition of the people's mediation institution, the author points out the shortcomings.Chapter two forcuses on ADR.Based on the ADR's boom in modern ages, suggestions for improving the people's mediation institution have been done .Chapter three studies the reform and perfection of the people's mediation institution.From a developing visa! angle, the author puts forward an innovative plan to perfect lt.At last the author gives a general summary for this paper.