Transition Chinese Mediation System

Chinese society is currently in a rapidly-developing period transforming from traditional society to modern society. The most important feature and great significance of such transformation is that it condenses three eventful social transformations - marketization, industrialization and modernization as well as the reformation of socialist system in the same century, which constitutes a unprecedented social transformation. Since the introduction of the reform and opening policy, our society has gone through the transformation from tradition society to modern society, from agricultural society to industrial society, from closed society to open society. As a result, great changes has taken place in the entire society, which causes not only the sustained and sound development of national economy but also some adverse impacts and problems As indicated by some scholars, the society has been broken into parts and pieces. The microscopic levels of social structure, such as the imbalanced development and increasing polarization of society, the greater gap of interest, and unstable social relationship, accumulate amounts of internal contradictions among people and social disputes, which lead to the increasing numbers of communal and emergent incidents, worse opposite extent of interest conflict, boarder extent related to the conflict, with the obvious features of diversity and divergence.Nowadays, although there is positive experience on solution of social disputes in China, we have negative problems within the development, such as the simplification of pattern, leap of civil and criminal cases, heavy pressure on litigation system, prominent limitation, decline of non-litigation dispute resolution, deficits of other social Buffering mechanisms, degradation capacity of disputes resolution in civil society, abortive formation of an organic and coordination mechanism of Various non-legal proceedings and so on.Taking a panoramic view in the history of social conflicts and disputes resolution in our country, intermediation has been widely used in ancient China and that as a system of culture deeply affect people's social values. Using the rules and courtesy as the core conception, intermediation reflects the traditional Confucian culture, the pursuit of the ideal of a harmonious natural order. Contemporary, Western experience is learned in Chinese judicial intermediation and people's intermediation system factors are combined in that, established a system three main models of intermediation, namely the people's intermediation, the administrative intermediation and the conciliation proceedings, however, these three kinds of intermediation in the context of mutual convergence has not been clearly defined. Since the 1990's, with the deepening of the reform and opening up, and the sustainable development of socialist market economy, social disputes displayed different characteristics and law of development from the past. At the same time, the rule of law concept and the concept of building a socialist harmonious society is constantly filtering into people's minds, which put new demands to our intermediation system, which is maintaining social stability and promoting social harmony. In order to achieve this requirement, we have to integrate the resources of existing intermediation system, and realize the convergence and synergism of the three ways above-mentioned effectively, and such integration will require a combination of the characteristics of disputes nowadays. In today's world, other countries also provide us with a number of successful experiences.With the characteristics of low cost, the program recommends, good effects after agreements, intermediation has been received increasingly within the scope of the world. In the meantime, the building process of our distinctive judicial system to strengthen and improve the intermediation system has become a priority project. This paper has three main perspectives. Firstly, we should develop norms of universal significance of the intermediation law, which means from the institutional norms of intermediation work, clearing the legal status of the intermediation, protecting the smooth implementation of intermediation work, and guiding people through the appropriate channels to resolve disputes. Secondly, we should build a convergence of different means of conciliation and collaboration mechanisms, building a platform for implementation three transformations through the intermediation work, which is changing from small to large, by a single change to the comprehensive, by the customary norms of intermediation to the intermediation change, namely is to build the mutual convergence and complementarity system of people's intermediation, administrative intermediation and judicial intermediation with the basis of the people's intermediation, and to support various types of intermediation for the organization through the improvement of people's intermediation organization networks, to give full play to the people assume all kinds of organizations in intermediation of disputes search, circulation, synergy, so that disputes intermediation network could coverage in all areas of society. The last but not least, is trying to intermediate the professional ways.