Research Report On People's Mediation In Anhui Province

The people's mediation is a kind of mediation activities under the auspices of the people's mediation committees, has the essential property of mass, autonomy and folk.In history, China has been the custom of mediating dispute in folk all along.People's mediation originated in China's traditional folk mediation,and different from general folk mediation, with the sharp features different from other mediation way,known as "the first line of defense" of resolving social disputes.Anhui province people's mediation has been a good foundation for the development, has established the people's mediation organizations and the mediator team throughout the province,mediate folk disputes more than one hundred thousand to hundreds thousands every year. In recent years,has formulated Anhui Province People's Mediation Regulations,continuous carry out special mediation,carry out mediation in specific industries and fields,exploration on civil cases entrusting people's mediation,try to carry out the people's mediation on light damage cases,implement joint mediation In the edge of the adjacent areas, vigorously promote people's mediation informationization, Anhui province people's mediation has been in continuous development in practice.At the same time,Anhui province people's mediation still have many difficulties and problems.Some people's mediation organization have a tendency of the administrative,violated the basic attributes of the mass organization.The scope of the disputes is not standard,many of the disputes has clearly beyond the folk disputes category.The quality of People's mediators is not high,almost no qualification requirements.People's mediation funds don't carry out,there are no stable funding for the people's mediation committee to carry out the work,the subsidy funds of people's mediators does not have a stable source of funding. The people's mediation organization of administrative village Failed to bring into full play,only individual of village cadres are in barely maintains In many village people's mediation committee in fact,the mediation muddle along. The people's mediation was impacted by "The multipartite mediation",people's mediation faces the risk of alternatives of "The multipartite mediation" in some places.These difficulties and problems have become the bottleneck of anhui province people's mediation ,have restricted the people's mediation further development,needs to be carefully studied and resolved immediately.The difficulties and problems of Anhui province people's mediation,although there are work-related reasons,but the deeper reason is people's mediation legislation long-term lag,the relevant laws and regulations of the people's mediation of some important problems can't be clear.To further improve the people's mediation in anhui province, needs to pay special attention to the implementation of the laws and regulations and other related standard in practice on the one hand ,seize the opportunity of revising Anhui province people's mediation regulations on the other hand,be sure and specifications those problem that the law did not make clear .So,solving difficulties and problems in Anhui Province people's mediation in the current,should use the local legislation,establish the standard of set up new type of people's mediation organization,unified set conditions and personnel composition of new type of people's mediation organization,make it really become a mass organization of dispute resolution;clear accept scope of people's mediation,return to the legal position of folk disputes in the people's mediation;establish People's mediators qualifications,in the way of former training and examination and other means,gradually from the source to improve comprehensive quality of people's mediators;to implement the people's mediation funding,clear responsibility department and security level;clear the personnel composition of the administrative village people's mediators,as much as possible to selecte the ordinary villagers who have the desires of participating in collective affairs management as people's mediators,reduce the village cadres to part-time.At the same time,stick to the legal attribute of people's mediation in practice,highlight its unique function advantage and vitality. Through legislation and practice two aspects,jointly promote people's mediation work faster development in Anhui province.