From Traditional To Modern

The people mediation system has a deep traditional law cultural base in our country. It's one of the most Chinese characteristics basic unit legal systems. However, in recent years, along with our country government by law modernization advancement and social reforming advancement speeding up, in the situation which the lawsuit case quantity increased progressively year by year, the people redressing committee solved the tendency which the dispute ability actually presented suddenly drops. This kind of present situation disobeys the time characteristic of fully uses the ADR mechanism, reasonably disposes the solution dispute resources, reasonably alleviates the lawsuit pressure. At the same time, our country at present lawsuit detonation and the soaring lawsuit cost also shows that the lawsuit is impossible to substitute mediates into the only dispute to solve the way, so we must explore the establishment multiplication the dispute to solve the mechanism. As the way of solving the non-lawsuit dispute, there's obvious difference between the mediation and the lawsuit. But this kind of difference must not to cause the lawsuit and the mediation mutually repels, on the contrary, the mediation and the lawsuit also present the tendency in many countries and the area which mutually fuses, mutually supplemented.In our country, people mediation is our existing ADR resources. We should further tap its potential, carry on the reasonable transformation and the use of it. That will have the vital significance of realization of the mechanism smooth operation to solving multiplex dispute in our country. So, strengthen the interaction and supplementary between the people's mediation and the lawsuit mediation are keys of keys to realizes two fusions.The article mediates the comparison research on the traditional folk mediation system and the people mediation system, analyzes the stage feeble reason and the revival reason of the people mediation system in the present, simultaneously carries on the narration to the overseas ADR mechanism, indicates the reforming direction of people mediation. This article altogether divides into four parts.The first part is the outline of the system to the people mediation. Introducing the types and the characteristics of the system to the present people mediation system, this part is the paper's essential upholstery.The second part of contents emphatically analyzes the declined reasons of the people mediation after reform and open policy, and to revived the reason which the people mediation to carry on the full elaboration. Meanwhile the paper analyzes the actual movement condition of the people mediation system in some local area, in order to provide the basic data for the people mediation system reformation as follows.The third part introduces the overseas vicarious dispute solving mechanism. The learning from others may attack the jade, our studies on the construction in the multiplex dispute solving mechanism of the other countries is very advantageous.The fourth part emphatically elaborates some viewpoints of the author to reformations of the people mediation system, and makes some analyses the people mediate work direction and key according to the present conditions of the cases accepted by the court.