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The People’s Mediation System In The New Period Of Thinking

Posted on:2013-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y C MengFull Text:PDF
GTID:2246330395961308Subject:Procedural Law
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Mediation is the most primitive dispute solution in human history. The People’s Mediation System, people’s mediation committee as a grass-roots mass self-government organization, is a system with the activities to reach a voluntary settlement agreement between dispute parties according to certain criteria with centered persuasion, leading and education. The people’s mediation is the non accusing dispute resolution mechanism with modern Chinese characteristics. The People’s Mediation System, which has developed continuously in the process of socialist revolution and construction and has played an important role in different periods of revolution and construction, is known as "Oriental experience" or "a flower in the East". However, after several rounds of rapid development in China’s economy, when the CPC central committee put forward and establish the construction of socialist society, a well-off society, the role of People’s Mediation System began to gradually fade in this period, beginning to expose existing problems and restrict the development of People’s Mediation System as a whole, Under the theme of building a harmonious socialist society, all around are actively innovating and exploring a new mechanism of people’s mediation and operation mode. What are the problems of the traditional people’s mediation system? How to inject energy and power into people’s mediationand let it radiate vitality? These issues are an important subject worthy of our study. In this context, studying on people’s mediation system in the new eraand putting forward a number of recommendations on the people’s mediatioin system is of crucial significance to dispute resolution to civil disputes and the grass-roots level disputes in the new era, as well as sudden, mass events disposal work.This article first is to articulate "the emergence of mediation in primitive society " as a point to introduce the production, concepts and features of mediation, while turn into the concept of the people’s mediation system and further describes the historical development and features of the people’s mediation system. Then the article goes into the highlights, from the intrinsic and extrinsic reasons to give a detailed analysis of the analyzes the present situation and existing problemsof the people’s mediation system. About inherent issues, this paper conducts an in-depth discussion on following aspects:the guide out of the grass-roots people’s mediation, mediators own quality issues, administrative mediatonand people’s mediation confusion, and funding issues. As to external factors, the article gives specific addresses on following aspects:the impact of the development of market economy, the influence of the Western legal system sense and the causes of social change. Then, the article deals exhaustively with the attempt innovation of the people’s mediation system in our country, as well as the development of mediation systems in Europe, United States, and Hong Kong and Taiwan regions. Aiming at the problems and constraints on the people’s mediaton system in China, combined with the era request of conflicts and disputes and the people’s mediation in the new era, available elements is dialectical absorbed from advanced mediation concepts in foreign countries, Hong Kong and Tai Wan regions, also the mediaton innovation in some parts of our country. Finally, to activate and strengthen the people’s mediation system in the new era and maintain stable social situation, this paper presents recommendations for the development of people’s mediation system in China in the new era, on the basis of fully addressing the problems of the people’s mediaton system and advanced concepts in foreign, regional, and national areas.
Keywords/Search Tags:Mediation, The People’s Mediation System, recommendations
PDF Full Text Request
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