On The Perfection Of People’s Mediation Law

The people’s mediation system is a legal system with profound Chinese tradition. It is an alternative dispute resolution to deal with social contradictions and disputes. It is the necessity for the modern society’s autonomy. It is the power that promotes the development of the role of law. It is a reasonable choice for the realization of benefits. The enacting of People’s Mediation Law is a big event in the history of the development of people’s mediation work and it is a milestone for the development of the people’s mediation system. It has great significance in promoting people’s legal status in the mediation work, improving the law system with Chinese characteristics, making people’s mediation work institutionalized, systematized and standardized, resolving the disputes in time and sustaining the society harmonious and stable.However, based on the condition after the enacting of People’s Mediation Law, there still exist certain shortcomings because it is the first time to adjust the people’s mediation, a system with Chinese characteristics in the form of law. The shortcomings can be listed as follows:the formulation of the basic principle of the people’s mediation is obscure without reflecting the principle of conforming to the law; the set of People’s Mediation Committee oversees the residential community without a record and it’s too short for the term of the committee being three years, which is bad for the work of the grass roots keep stable and consecutive; there are many shortcomings in the procedure of the people’s mediation work, for example, during the mediation, the rule about inviting the relative members to join in the mediation need the party’s permission is incomplete, there is no rule about the mediation representatives and it only demands willingness in the mediation method, not mention the basic fact in the dispute definitely and the party’s responsibility; the quality of the people’s mediation agreement is indefinite, it has rigorous demands for the applicant defined the mediation agreement and it has no definite rules for applying for the deadline, the competent court, checking the deadline and charges; People’s Mediation Law has no criterion for the preposition of people’s mediation; the guidance of people’s mediation work leaks that of the township people’s governments, while basic-level people’s court depends much on the principle in the matter of guiding the mediation, hence it’s not easy to operate and it needs to be refining; the responsibility of the expense for the people’s mediation work is indefinite as well.Based on the basic principles, the setting of the mediation committee, the working procedures of the mediation, people’s mediation agreement, the preposition of people’s mediation, the guidance of the mediation work and the insurance for the expense, the thesis analyzes the existing shortcomings carefully. Complete suggestions to the above shortcomings are proposed in the thesis in order to promote people’s mediation work to development continuously.