Under The Modern Rule Of Law Perspective, People's Mediation System

Folk mediation has a long history of several thousand years in China. The existing folk mediation of China is mainly referred to the system of people's mediation. The so-called people's mediation is a civilian autonomous system presided by people's mediation commission. According to State's legislations,regulations,policies and social morality, the commission encourages parties of disputes to try to understand each other, negotiate equally, come to agreement voluntarily, and consequently solve the dispute through persuading,educating and leading the parties of disputes.During quite a long period, the system of people's mediation played a very important role in the resolution of civil disputes in China, and even more important than the role played by judicial authorities for a time, which was terribly disadvantageous for the construction of rule of law. At present, because of the society and the system itself and other reasons, the system of people's mediation gradually comes into the situation of abnormal marginalization. With this trend going on, it will lead to harmful effects to the harmonious development of the society, and certainly bring negative influence to the construction of rule of law. Therefore, we need to make full research on the system of people's mediation, improve it and make it develop smoothly.There are five parts in this thesis, mainly concluding the marginalization of the system of people's mediation and its reasons, the relationship between the system of people's mediation and the construction of harmonious society, the legal value of the system of people's mediation, and its identification in numerous mechanisms of dispute settlement as well as its perfection, in order to provide a favorable outlet for the system, then let it serve the socialist rule of law and play its part to the utmost.