On Traditional Mediation System And Its Contemporary Transition

Abstract:The mediation system is an important part of traditional Chinese judicial system, it was based on the philosophy of Non-litigation, in order to pursuit the value of maintaining social stability and social relations harmonious, and adapting to subsistence agriculture economy, meeting the political and economic needs of the rulers, becoming an important means of traditional social conflict mediation, to a certain extent, was to achieve social stability and order, impacting on Chinese judicial culture for thousands of years, the West as the "Oriental experience". With the social and economic development, China has gradually achieved the transformation of traditional to modern, and the modern rule of law which is with freedom, equality and the right as the core is becoming mode selection and value orientation of Chinese legal construction, because its drawbacks and rigid, Traditional mediation system was criticized by the Modern theory of the rule of law, such as the lack of Fair procedures, suppression of personal aspirations, hinder the development of the private law culture, and so on. However,the system which has the Long-term historical must have legitimacy and value, so to explore the reasonable value of the traditional mediation resources, and integrate into the value of modern of the rule of law, and achieve traditional mediation transition to the modern mediation system, is the meaning of the title of the Chinese legal modernization. The society which have pluralistic value requires diversity dispute settlement mechanism, in order to meet the pursuit of fairness and justice, mediation requires creative transformation system so that achieve its hidden value, including:remodeling the value orientation; guarantee of a fair procedure; attention the ability of the autonomy of the parties; structural response mediation mode, and so on.