Research Of Non-complaint Mediation Mechanism About Western Rural Of Our Country

Our society is in transition, the rural society from the traditional rural society to a modern society is changing slowly, many of modern behaviour patterns and the values impact traditional rural lifestyle and human relations concepts. Although social values and concepts in rural areas were impacted in a large extent, but the modern concept in the rural areas still is not dominance,diverse patterns of behavior and values fill in the rural communities. Specific areas of law, the law broke the rural tradition, but it can not become the main norms of rural behaviour, that the rule of law suffered the embarrassment of this in rural areas:good people who act according to the traditional concept will suffer damage, because such acts can not be recognized by law, but people who Initiative use the law have often achieve evil acts through the law when think the issuefrom traditional concept. Law only protect the wicked in the eyes of members of rural society, the rule of law,authority of justice agency and credibility are questioned. In non-litigation dispute resolution mechanism abroad widely recognized and the context of further development, scholars began to reflect on the development models and achievement means, and think that dispute resolution processes should be exclusive from the Judiciary to diversity development with society development and people's diverse needs.Law in the western rural areas lagged behind the development of the developed areas, while rural is more behind the city, so more need to dig extra-judicial dispute resolution resources. I chose this topic as my thesis topic is to through own site visits, find that rural non-litigation mediation mechanism causes and proposes comprehensive reform proposals.This article includes four chapters in addition to preface.Thepreface describes the background, significance and methods.The first chapter. rural areas non-complaint mediation mechanism. This chapter firstly introduces the concept of non-complaint mediation mechanisms and characteristics. Think that non-complaint mediation mechanism is within the context of the civil litigation system and in general outside litigation of the mediation, and the scope of non-complaint mediation mechanisms applies as follows:the rural marriage and family disputes, production and management disputes, resource ownership dispute and environmental pollution disputes. Characterized by non-judicial, the object of "private law"and efficient. Then introduced China's current non-litigation mediation mechanisms include:people's mediation, the township judicial mediation, administrative mediation and mediation before litigation.The second chapter. foreign non-complaint mediation and the Reference Analysis. Section one firstly introduced that ADR showed characteristics in the United States, England Germany, Japan, the four typical of the development of the rule of law. Section two discusses the development experience of foreign ADR Enlightenment and the place where it can draw on: establishing and improving our country non-litigation mediation mechanism is the requirement for the development of a harmonious society,is an effective rule for law cultural continuity and sustainable development. Experience which foreign ADR can learned are:the construction of non-appeal mediation mechanism should be institutionalized, keep the good convergence tbetween judicial process and protect that the privacy of the parties do not be infringed.The third chapter. In transition time, western rural non-complaint mediation mechanism suffer dilemma. Section one dicuss existing non-complaint mediation mechanisms face dilemma:Civil Mediation change the more weak because of the traditional role and authority changing. judicial mediation of township constantly was criticized because of administrative nature, administrative mediation legislation is not perfect, the scope of the mediation is not clear, Process is imperfect, wanting the effective the mediation agreement and other issues,significantly constrained its advantages; Pretrial mediation has just begun, there is no legislation to protect and exploration far from perfect. Section two analyzes the causes arousing non-complaint mediation mechanism:the existence of non-complaint mediation mechanisms and development are determined by social conditions.the existence of traditional mediation system in china rural just is The inevitable outcome for the local acquaintances society, the authority of elders, no litigation culture. But in the social transformation time, geographical and kinship is broken by market economy, an acquaintance started to change society, the decline of the authority of elders, the demise of civil law,make non-complaint mediation mechanism lost the basis which can be relied.The fourth Chapter. Improving the Western rural non-complaint mediation mechanism some ideas. Section one introduce that Improve rural the principles of the non-complaint mediation mechanism:principle of litigation and non-complaint with co-existence. consensual principle, the principle of efficiency, the principle of non-strict procedures. Section two discusses that the proposals which reconstruct Western rural non-complaint mediation mechanism:that focus on people's mediation, administrative mediation assisting for it, that establish and perfect the good convergence between non-complaint mediation mechanism and litigation mechanisms. Which people's mediation should absorb the local new elite talent as mediation personnel, and the judicial administrative department strengthen the quality of training of mediators through villages students and other social forces, the Government provide financial assistance for people's mediation through the form of purchasing public services, and promote improvement and development of people's mediation system. To prevent the phenomenon of administrative interference in the judicial, administrative mediation should strengthen legislation, improve the program, clear the scope of mediation, administrative mediation agreement should be given legal effect. administrative, civil, judicial efficiency solve the division of dispute resolution according to the principles of efficiency.and at the same time, can not deprive the judicial relief light of masses of the people when pursuit the efficiency.