People's Court Mediation System Longitudinal Study: History, Present And Future

Mediation has a long law tradition and plays an important part in the solution of the disputes, which is also an important solution in the court jurisdiction. Mediation regarded as oriental experience has been argued whether it should be abolished or not. The paper will not compare the history and background of our mediation with the mediation abroad, but will preview the future of the court mediation and discuss how the court mediation will play its part in the unit of the reform of the jurisdiction, the jurisdiction practice and the social harmony.The paper is comprised of the following four parts.The first part makes an detailed analysis as to the social, theory and economic background of the mediation. Western Zhou made curtsy as an important rule, and with the development of small peasant economy "NO litigation" and "harmony is most important "of Confucian thoughts became the main theory thought.The second part makes an analysis as to mediation on the basis of mediation background.In the period of the Republic of China mediation was still developed as an important system although the foreign law was introduced.In the New Democratic Revolution Period, litigation was valued in the judicial practice and an important mediation Ma Xi Wu mediation appeared.From the foundation of the People's Republic of china to the 90's, mediation was in a trial-and-error process with the development of the politics and economy and the impact of the foreign thoughts. Mediation was adjusted adaptable to the social requirementsThe third part makes an analysis as to our present civil mediation. In the 20's the disputes become more and more complicated and intense, and the unaddressed problems after the end of litigation make serious pressure on the court. Mediation becomes again an important part of the court reform because of the need of the resolution of disputes, social administration and the avoidance of the risk by the judge. Mediation methods develop in many respects through inheritance of the tradition, study and pursuit.The fourth part makes an analysis of the future development, which first stats the disadvantages of the mediation from the point of legislation, the main points of the reform of the court mediation and diversification of the court mediation in future. Mediation has a long history in our country and is developing adaptable to the needs of our country. Our present mediation system has a lot of disadvantages such as the unreasonable mediation rule, as to which experts and judges have made many reforms, such as the diversification of mediation and judge. I think mediation can not be substituted simply by deal, and can not be set before litigation separated from the judge. ADR has its own background and can not be transplanted totally.Our country is in the social transition period characterized by economic development and the merits paradox, and the dispute causes are complicated, which decides the resolution complicated. Nowadays mediation is widely in existence with the judge in litigation, and will develop in many respects from thoughts to practice influenced by foreign factors. In thoughts the resolution of disputes is no longer limited to litigation. In judicial practice, mediation will be separated from judge in some cases, and mediation will play an important part with authorized mediation and folk mediation.All in all, mediation will make a complicated appearance in future characterized by strong adaptability and our own status.