The Strength And Perfection Of The People’s Mediation System In The Harmonious Society

With the continuous progress of the reform and opening up,our economic and social development still faces many social contradictions and challenges, and actually enter the multiple times of social contradiction. The income gaps between urban and rural, regions and social classes pull continuously big, labor dispute cases are growing, various group events have occurred. Social security situation is relatively serious, mine accidents, food and drug safety problems, environmental disaster are increasing. In this environment, the number of disputes are growing and becoming complex and difficult to solve. At the same time, people are hoping for the more efficient, low cost of the will autonomy, in this case, the judicial settlement of disputes in the past has becoming more and more limited, so, the ways of non-litigation or judgment to resolve disputes are urgent matter in China’s development of market economy. So,it can be said that the study of people’s mediation system development and improvement will undoubtedly have great significance either in theory or in practice.The first part of this thesis redefine the people’s mediation organization based on six aspects, Including the legal nature of mediation committee, the range of the mediation case, the organization of mediation committee, the jurisdiction of mediation committee, the relief and the result of mediation. And then, it analysis the theoretical origin of the Chinese traditional culture, western culture as well as the Marx doctrine about the harmonious society, and finally the relationship between people’s mediation organization development and the construction of harmonious society is that the harmonious society has provided the soil for people’s mediation system development,the people’s mediation system is the inevitable choice of constructing harmonious society and people’s mediation system is usefull for the stability of society.The second part has carried on the mediation system ’three kinds of simple elaboration that is people’s mediation, administrative mediation and court mediation. Then it summarizes the characters of mediation system:voluntary, neutrality and impartiality. The advantages is low cost, making the parties to implement the mediation agreement and can protect damaged relationships of the party one, the disadvantages is the limitation range of mediation, the passive mediation and the mediation process of openness.The third part is mainly discussing the problem of the people’s mediation organization that is the dislocation of autonomous function, offside of the people’s mediation committee, and the unclearity of the law, and the causes of the problems that is the traditional Confucious culture influence, uncontrollability of litigation and divine of the law. And then the problems caused by the the people’s mediation organization is harmfull for the building of a harmonious society that the construction of harmonious society lost its premise, the foundation and the effective safeguard. In this part, I thinks that particular attention should be paid to the cause of people’s mediation organization problems, since ancient times, that three of the Analects of Confucius rule the world became the consensus, of the controller therefore on the Confucian Cultural Celebration became the compulsory course for the contollor, and as professor Fei Xiaotong said," China is a Society of acquaintances", in this society, people know each other, which makes people’s mediation organization can exist and develop.The fourth part firstly discuss people’s mediation organization should be based on the principles of the law, the unity and diversity and the meaning autonomous. Secondly I put forward my own suggestion mainly from four aspects to improve the system of people’s mediation development. That is the desalination of leadership of the Party committee, strengthening the guidance of grassroots courts of mediation business, and people’s mediation mechanism should be specialized and combined with legal publicity and education to improve the system of people’s mediation. In this four suggestions, I think more attention should be focused on the third that the people’s mediation mechanism should strive to profession, and professional programs, professional staff and financial guarantee to make the people’s mediation mechanism real; secondly we should more and more make the desalination of the party’leadership to the people’s mediation organization. people’s mediation organization belongs to grass-roots mass autonomy organization, and should be the primary autonomous mass organizations of self-management, self-education and self-service.Party committee should transfer its function from the leadership gradually into the guidance, and gives people’s mediation organization with the necessary power of self-government, only in this way, the people’s mediation organization can truly independently and healthy develop. And then, even though the grass courts only have operational guidance for the people’s mediation organization, still can correcte the people’s mediation organization some apparent violations. The grass courts cannot interfere with the normal operation of the people’s mediation organization; Finally, people’s legal and culture level consciousness, especially people’s mediators can be improved by the combination of law and education, as this, the people’s mediation organization can remain forever young, and stay alive.