On The Theory And Practice, The Convergence Of People's Mediation Proceedings

Since the foundation, due to the illegible legal position and lack in the due legal force, the people mediation institution has caused dull link with the proceeding, deficient social credibility, and limited function in solving practical disputes. Especially in recent years, with the quick reform and opening-up and deeply development of socialist market economy, some new situations and new questions have been occurred in the society, the subject, contents and mode of which have experienced great changes, and the number has also increased annually. Provided the people mediation institution still resolves through proceeding, there will be plenty of wastes in labor, materials and time. So it requires solving the question of legal position and legal force of the people mediation institution, so as to guarantee the smooth link with the proceeding and realize the tenet of mediating the dispute in the basic level.Currently, there are"evidence theory","contract theory"and"judicial review mode theory"about the legal position of the people mediation institution. This theme is to discuss from the actual situation of the people mediation, and put forward to realize the link between the people mediation and proceeding through the judicial review, to explore a feasible approach for the reform and development of people mediation. Through the theoretic analysis, this theme has an argumentation on the feasibility between the people mediation and proceeding and the realized value targets: benefit, justness, stability and harmony, as well as the possibility between them in the view of practice. In the opinion of the author, the"judicial review mode theory"shall be adopted, which means that after the review and approval by the court, the mediation agreement is endowed with the compulsory execution force, so as to endow the people mediation agreement with the legal force, guarantee the smooth link with the proceeding, and tangibly enhance the function in solving practical disputes. At last, the author proposes that, to develop the people mediation institution thoroughly, besides implementing the review in the people's court, it is necessary to carry out the legislation about the people mediation, enhance the construction of basic level autonomy organization during the social transforming period, train the autonomy philosophy and improve the salary of people mediators.