Some Thoughts Of The People's Mediation System

People intermediation system is a system, which means to be established by law of under the presiding of people intermediation committee, with nation of laws, regulations, policies and social ethics as bases, passes to carry on mediating,persuading the parties of civil disputes, and urges them at the foundation of equal consultations and mutual understanding to reach agreements, thus solves the disputes .The people intermediation system is a judiciary which has Chinese special features, it embodies that people's crowd take charge of themselves to make decisions and carries on the superiority of self-education, self-management and self-service. In our country, besides litigation system, the people intermediation system is being used most extensively, most successfully, and is keenly welcome by large crowd as a kind of dispute resolution channel and community service method. It is convenient,fast,and cheaply to resolve a great quantity of grass-roots disputes, well developing the function of"a defense line"of maintaining social stability, and is reputed by western scholars as"An Oriental Flower".Since 90's in 20th century, along with the reform open of our country gradually deeping and the socialist market economy continuously developing, the social condition and economic condition on which the people intermediation system relies have changed, thus causes the people intermediation system shrinking. In recent years, the amount of civil disputes that the people intermediation organizations accept obviously reduces, and its intermediation ability is also rapidly descending. The people intermediation work sinks into a predicament. The challenging situation that people intermediation system faces means that, in a new period, in order to meet the demands of social situation, it is necessary to reform and reconstruct the people intermediation system and realize the modern transformation of the system. Then people intermediation will continue to exert its function of solving disputes and maintaining social stability.This thesis is totally divided into 4 parts: Chapter 1, by using the method of legal explanation, introduces the basic concept and characteristics of intermediation, the basic concept,characteristics and quality of people intermediation, and makes a comparison between people intermediation and other intermediation methods, let the readers have a correct comprehension about the connotation and extension meaning of people intermediation system; Chapter 2, by using the method of history research, firstly, briefly introduces the traditional intermediation types, and then analyzes the cultural source, social foundation and system condition of the intermediation system, secondly, has a synopsis review to people intermediation system's developing history, and analyzes the relations between people intermediation and traditional intermediation; Chapter 3, objectively describes the predicament that people intermediation faces in the process of reformation and establishment of legal system, and then analyzes the social reason,economic reason,thought reason and system reason of its function crack-up, and then on the foundation of the introduction to civil intermediation system in other countries, proves that it is necessary to build a multi dispute resolution system; Chapter 4, on the foundation of above research, combing the current of international judicatory reformation and the background of our country setting up a harmonious society, proves the meaning and necessity of perfecting people intermediation system, and then puts forward that in the process of carrying on judicial reform, we should well exploit and excavate the native resource with Chinese special features—people intermediation, and then investigates concrete measures of perfecting our country's people intermediation system.