Research Of Chinese Mediation Alienation

Based on the fieldwork case materials of Lin-town of center hubei province, thispaper demonstrates the current alienation situation of the rural order reproductionmechanism taking the Public Security Mediation for example.As one of the most important mechanism for dispute resolution, chinese mediationplays a significant role on cultural order and governance function, no matter in traditionalsociety or mordern society. In the current academic, there is three dominant paradigms onchinese mediation: Culture-Functional Theory/Progress-Technical Theory andPolitical-Governance Theory, which has some considerable explanatory and guidingsignificance about the chinese mediation practice in the different knowledge genealogyand academic background. However, in addition to the limitation of their each owns,there are holistic defects on the three paradigms: the whole ignorence of administrativemediation in the research object/the whole ignorence of mediation alienation form in theresearch content and the whole ignorence of disputes related subject in the researchclassification”. This “Absent Trial” research on chinese mediation in the currentacademic leads to the seriously break between academic research and mediation pracitce.Iddition to put the public security mediation as the research object, this paper focuses onthe alienation of mediation practice and standareds on the behavior patterns of the partiesin dispute re-classifying the types of mediation into Seeking-help mediation and its threeAlienation types—Profiting mediation/Compelling-help mediation and Borrowingmediation trying to transform the research paradigm of chinese mediation. Countrycentral government/local government and the peasantry is the paper’s analyticalframework. Furthermore, this paper typed every kind of mediation mentioned above byusing fieldwork material and tried to reval their backgrounds、features、operationmechanism and affects. This paper draws a preliminary conclusion “mediation alienation” that mediationhas from the original strengthen the political legitimacy and the authority imagereproduction mechanism evolved into an adverse mechanism and mediation alienationabsorb politics, leading to the disorder of rural social order reproduction mechanism. Asone of the modernity consequences of the national and social transformation and the deepstructure change, mediation alienation mainly is caused by primary enforcement powersmoving up/township bureaucratic self-interest group formed and the "chaos rules"phenomenon of the national governance in transition. In the development and transitionage, it is imperative to construct the subjectivity discourse of law for China and marchtoward to the fields and the practice of law may be the first step.