Study On The Mediation System Of Qing Dynasty

The mediation system is one of the most cultural and institutional dispute settlement mechanisms in ancient China. It’s quite fit for the peace-loving tradition of Chinese people, and at the same time, it starts an age of diversity ways to resolve civil disputes. So we can see much historical and realistic significance in the mediation system during China’s long civilization.The mediation system of Qing Dynasty is a relatively well-developed resolution mechanism which is based on the mediation experiences of the previous dynasties. This thesis starts with the mediation system of Qing Dynasty. First, scientifically defines the concept of mediation, and analyses the historical origin, characteristics and existence conditions of the mediation system of Qing Dynasty. Then the author sums up the operating mechanism of the mediation system by analyzing the mediation cases in ancient time, especially in the Qing Dynasty. Based on many materials in the cases, the author makes further analyses of the application, molds, bases and functions of the mediation system of Qing Dynasty. At last, the author generally estimates the advantages and limitations, and the enlightenments it brings us in the transformation to the modern mediation. In this thesis, the author tells us the universally application of the mediation system. It applies not only in China, but also in the whole world, not only in the ancient times, but in the modern society as well. The mediation system of Qing Dynasty provides valuable experience for the research and practice of the modern alternative dispute resolution (ADR).In this thesis, the author adopts many common research methods, such as textual studies, empirical studies, precedents studies and so on. In this paper, the author makes an objective analysis on the application and operating mechanism of the mediation system of Qing Dynasty using the methods of ancient documents and historical materials. Civil court verdicts in Qing Dynasty states and counties, reflects the complicated social contradictions and the prosperous civil and business activities in that period. Officials in local states and counties analyze cases, popularize moral education in their verdicts. These constitute important historical materials to study the mediation system of Qing Dynasty.In a word, as one of the important alternative dispute resolution mechanisms, the mediation system of Qing Dynasty is of broad and profound importance. Today we must study this system, and absorb its reasonable parts, and it can greatly contribute to the maintenance of the harmonious social order, and the promotion of the traditional culture. At the same time, the experience and modes provide good reference for the alternative dispute resolution mechanism study. Especially nowadays, it plays a more and more significant role in our society. Today the government zealously constructs a beautiful and harmonious society, so this alternative dispute resolution mechanism becomes particularly important.