Research On The Legalization Of The Organization And Construction Of Grassroots Mediation Institutions

In our country, a great number of disputes and conflicts among the people is not solved by lawsuits, but by the way of intermediation. Accompany with the development of chinese economy, the consciousness of the citizen's rights presents a gradually developing trend. Seeing from the work of the grass-roots conciliation organization, the charactors of itself brings into play a quite important function which cannot be substituted by others in the judicial activities. Under this background, this essay is from the organizational construction and the present condition analysis of the grass-roots mediation institution, trying to analyze the grass-roots mediation organization's funcion and the shortage in the judicial fufillment, and put forword the measures of legalism and systematism which should be perfected in the scope of the grass-roots mediation institution. Moreover, This measure definitely affords us lessons from the theoretical and practical research into the legalization to the organization of grass-roots intermediation in our country.The first part introduces the overview of building and organizations of grass-roots mediation institutions. From the basic system of mediations, it is under the leadership of the Party and gorvernment, on the basis of inheriting the tradition of civil mediation, it is continuously perfected and developed to accord with chinese national conditions and a dispute resolution system with Chinese characteristics. Primary mediation system is beneficial to maintain China's social stability, while achieve the masses of autonomy, and have made outstanding contributions to strengthen the construction of socialist democracy and legal system. People's mediation system is one of the specific contents in socialist legal system.As early as in Western Zhou Dynasty, the seed of grass-roots mediation system appearanced in our country. Until the time of Sino-Japanese War, Chinese grass-roots mediation system has been already developed. In this period, the mediation organization was named the People's Mediation Committee, which has been used continuously by now. Judging from China's actual situation, our society need people's mediation, need the support of the grass-roots mediation system to achieve an effective governance of harmonious society. Compared to compromise, lawsuits, administration intermediations, petitions and arbitrations, the grassroots mediation system has certain advantages. The superiority of grass-roots mediation system is mainly embodied in the concept, which not only fits the requirement of people-oriented priciple, but also accords with the requirement of the dispute's fact, and also meets the people's wishes.The work of the mediation process can reflect the pursuit of fairness and justice so much better, and be more conducive to resolve the conflict.Grass-roots mediation system cannot violate the mandatory legal provisions regardless of procedures or contents of itself, seeing from the mediation singly, it has its own unique characteristics. Furthermore, the basic characteristics of the mediation system have also decided that the necessity of organizational contructions of grass-roots mediation institutions should be put in process.The second part is analyzing the status of the organization establishment of basic level mediation facility. In China, People's mediation committee is a resolution organization set up legally according to law, which can carry out the mass of civil disputes. It has been established in the village and neighbourhood committees, and set up for the practical necessary of the enterprises and institutions themselves. The members of People's mediation committee are constituted by the way of direct election of the villagers meeting or villager representative assembly, and created by the same way in neighbourhood committees. People's Mediation Committee staffs in enterprises and institutions are elected by the General Assembly or trade union organization of enterprises and institutions. Consider with the development of grass-roots mediation system in our country, it cannot be separated from neither organizational constructions nor the legalization and systematism of organizational constructions. They are consistent from the basic spirits of the organizational nature, which emphasizes, People's mediation committee as one of the people's mediation organizations has the characters of mass, civil resistance and autonomy. People's mediation committee exists as an autonomous activities which can resolve the civil disputes on the basis of the masses'power owned by organizations. At present, the situation of chinese grass-roots mediation organization is mainly displayed in the following problems, such as, the form of grass-roots mediating institutions is still single, the constitution of primary mediation organization is not perfect, the construction of mediators team should be strengthened, the degree of socialization and self-government of primary intermediary is not high enough, and funds shortage of basic mediation institutions frequently crop up. We can get a conclution that, from the analysis of the current status of the organizational construction, these problems are caused as follows a few reasons, which are the fuzzy legal status of grass-roots mediation organizations, some institutional reasons, and social reasons effecting the grass-roots mediation institutions and organizations,etc.The third part is the legalization and systematism of the grass-roots mediation organizations and constructions. The specific suggestions include the correct positioning of primary mediation organizations on legislation, continuously improving and perfecting the construction of grass-roots mediation organizations on legislative ground, adjusting the law to constantly promote development of mediation organizations, expanding the range of mediation, establishing professional a grass-roots mediation organization, legalizing and systematizing mediation proceedings, institutionalizing compositional personnels's work of basic mediation organizations and the workforce education of mediation,ect..Part IV is conclusion. This article provided several operative and implementing ideas to the grass-roots mediation institutions and organizations. But the real reform needs to be implemented at the technical aspects of the law. Because of the author's level and restrictions of research conditions, this subject still exists certain limitations, which need to be studied further in the future.In short, the organizations and constructions of grass-roots mediation institution depend on the support of the masses'credibility, which, moreover, need more public participation in grass-roots mediation system. The following ways should be considered, increasing the diversity mechanism to resolve disputes, introducing advanced culture to complete and perfect related legal concepts of organizations and constructions in grass-roots mediation system under the social transformation and economic development, in favorable conditions, taking the full use of many high-tech methods. In the conclusion, the organizations and development of the grass-roots mediation agency will be constantly promoted and continuously improved by many ways.In order to promote dispute mediations and resolutions in nongovernmental sectors, people need to continuously strengthen theoretical study, face many new problems to be solved, update the concept of continuous reform and innovation, seriously sum up and draw the desirability and innovation of both ancient and modern, chinese and foreign litigation experience in mediation, effectively study and explore the rules and regulations of the people's mediation under the operating market-oriented economy, and finally, set up grass-roots mediation institutions and organizations with Chinese characteristics through drawing a correct conclusion from objective and general facts, and sublimating into people's mediation theory together with mobilizing the research of various aspects.