The Research Of Mediation System Under The View Of The Civilization Order

China is in the critical period of social transition, and social disputes are increasing sharply. Several legal scholars are trying to ease the disputes and mask the conflicts by promoting "court mediation movements".Under the moral order, as the key mechanism for the dispute resolution, mediation has its generally applicable culture texture. Whether in a family mediation or in a community mediation or in a government mediation.The mediators act as the authority to convince and educate both of the disputing parties, in order to avoid trouble and keep order. the non-litigation culture of Confucian ethic doctrine has become people’s mental pursuit. the small-scale peasant economy under the acquaintance society, requires mutual help and mutual concessions moreover, in order to safeguard the rule of the feudal order and lull people’s sense of entitlement, feudal states ask for the society handling disputes in compromise. So as to promote the popularity of the mediation culture for thousands of years.Compared with moral civilization order, legal civilization order centres around rules and protesting for rights. But predictability of rules only apply to civil society and market economy, therefore, the mediation which was based on compromise and concession has to reduce its scope of application.The social transformation time is a period of transition from moral civilization order to legal civilization order. and with the acceleration of the urbanization, society of strangers and the semi-acquaintance society is eroding the acquaintance society day-by-day. Meanwhile, the operating space of mediation system would be narrowed. However, some scholars still keep advocating "court mediation movements" energetically, for the unique function of court mediation such as stopping a march and relieving "litigation explosion". In fact, there are deeper reasons for the production of letters and visits strike, which can not be dissolved by court mediation. And the age of the so-called "litigation explosion" is yet to come. In reality, the act of propelling court mediation is a measure to avoid judgment, escape supervise and pander to appraisal because of the political pressure."court mediation movements" would cause negative forces, weaken pepoles’belief in law and hamper the socialist legislature construction in the end.