The Research Into Mediation System Before Litigation And Construction Of Harmonious Society

This specification is set for the theses of Chengdu University of Technology. Today, the development of China's reform and opening-up not only has made great achievements attracting worldwide attention, but also encountered a series of new contradictions and new problems. Diversified Conflicts of interest caused by the reform leading to the civil disputes in the social conflicts become an important part, at the same time a traditional dispute resolution mechanism has also revealed some shortcomings. To achieve social harmony and build a better society is pursued by human society, In the Sixteenth Party Plenary Session of the CPC Central Committee Hu Jintao clearly stated goal of building a socialist harmonious society. To achieve this important social objective and meet the needs of modern societies'dispute resolution, from our national conditions, our top problem of establishing a harmonious judicial system in the reform is how to establish a dispute solution mechanism of mediation before litigation, which is based on the critical inheritance of the modern mode of civil dispute resolutionThis paper, through literature and historical methods, makes a research on the relationship between the establishment of mediation before litigation mechanism and building a harmonious society, from their concepts to deeply analyze the necessity and flexibility for the establishment of mediation before litigation mechanism to the construction of harmonious socialist society. Finally, it points out that the concept of the establishment of mediation before litigation mechanism is of great significance for building a harmonious society.Firstly, histories of the mediation before appeal mechanism and the connotation of a harmonious society are described in detail, in order to seek for the characteristics, functions and concepts of this system guaranteeing for the harmonious society.Secondly, it, from the shortcomings of our current mediation model in building a harmonious society, deeply analyzes its advantages compared to the old one. On the one hand, from the dialectical relationship between the requirement of this mechanism for harmonious society and the benefits of mechanism for more harmonious society, it comes out the necessity of the establishment of mediation before litigation mechanism for the harmonious society. On the other hand, from the litigation culture, human resources, security, and other aspects of judicial experience, it proves out the flexibility of the establishment of mediation before litigation mechanism for the harmonious societyFinally, based on the previous argument, in terms of the operation of the mechanism of the mediation before appeal, the mediator qualifications, means of mediation and the effectiveness of mediation and its interface with the proceedings under the complaint, the establishment of this mechanism is outlined in detail in the condition of a harmonious society. And it also proves the importance for the construction of harmonious society in a changed mechanism.