The People's Mediation System Research

The dissertation mainly researches on the people’s mediation system. People’s mediation system is a dispute resolution system with Chinese characteristics. As a dispute resolution system of social autonomy, the core of people’s mediation system is mediation and stresses a desirable way of settling disputes, which is different from litigation and other non-litigation dispute resolution systems and is the basis of its legality and legitimacy and the meaning of its existence. The article analyses the history of people’s mediation and ADR in foreign countries. Finally the essay aims to propose methods and solutions based on working condition and problems of people’s mediation system.The first chapter briefly introduces concept, nature and features of people’s mediation. However, from the development history of the people’s mediation, we can conclude that this system contains deep political function from the date of birth. Through the study of emergence, development process and legislation of people’s mediation, the author concludes that the people’s mediation is widely applied and has a good effect on dispute resolution.The second chapter discusses people’s mediation system and other foreign civil mediation system. This section expounds the concept and operation of foreign ADR. In comparison with ADR from United States, Japan and other countries, this part attempts to investigate the development tendency of ADR and puts forward ideal people’s mediation mode for our society.In chapter 3, Chinese people’s mediation is illustrated with charts and diagrams. The section explores the degree of adaptability of people’s mediation, administrative mediation and judicial mediation, all of which belongs to "big mediation system". In addition to an immature civil society and the insufficiency of autonomy of grass root organization, the establishment and development of the people’s mediation depend on the government, which brings mandatory factors. The author summarizes the innovations and developments of Chinese "big mediation system" of recent years.The disadvantage of people’s mediation system is discussed in chapter 4, which consists of both shortcomings in the field of legislation and difficulty in legal practice. The former part analyses the legislation of people’s mediation and points out the defects of current law, such as validity of people’s mediation agreement. The latter part discusses problems of people’s mediation system in legal practice, such as obvious administrative and judicial tendency of people’s mediation, too much publicity of the role of people’s mediation, and low quality of conciliation officer.Chapter 5 summarizes the problems above and puts forward reform measures for people’s mediation system. In order to establish a rational relationship among the government, organizations of the people’s mediation and persons concerned, the author try to explore ways to develop and improve the people’s mediation system, including development of legislation, reference to foreign ADR system, and establishing people’s mediation association, etc.