Research Of People’s Mediation System During The Period Of Anti Japanese War

The mediation system is a special legal system of China with national cultural tradition and characteristics. It is influenced by the traditional legal values of "no suit" and "harmony". It is the embodiment of national standard. Harmony is what it emphasizes and pursues. It has catered to the political needs of the rules and it meets the yesrning of "no suit" and culture identity to "the golden mean" and "harmony" of the mass in China. That is why it became an important judicial system in traditional legal culture of China.The people’s mediation system in our country is founded when the broad masses of the people resist the feudal landlord rule and turn over to acquire liberation in agrarian revolutionary. During the Anti Japanese War period when the revolutionary regime is in the enemy siege, how to resolve social disputes effectively in order to be united as one to win the war has become an urgent problem to be solved in this period. Therefore the people’s mediation system has further developed at this stage. At the time, Shaanxi-Gansu-Ningxia Border Region, Shandong Anti Japanese Democratic base area, Shanxi Chahar Hebei border area, Su central area and other places are all equipped with the mediation organization in the villages, the border region government also issued orders and regulations to encourage mediation activities, so that the people’s mediation work has entered a new stage of development. The forms, the contents and the applications of the mediation have been further enriched and perfected.From the mediation practice in Anti Japanese war, we can see the position and the function of strengthening the people’s mediation in disputes resolving. Disputes can be nipped in the bud and dissolved in basic level, this kind of high efficiency and low cost way to settle disputes plays an important role in the maintenance to the harmonious relationship of both sides of the dispute and in achieving maximized personal benefits and social benefits, it has great significance for the construction of socialist harmonious society.Today, the society is developing continuously. People’s mediation system provides a guarantee for eliminating people’s interest conflices, for achieving the balance of demand value and opportunity and for the construction of new dispute settlement mechanism. At present, along with the international, domestic identity to harmonious society, the people’s mediation which is rooted in traditional mediation has aroused the common concern of theoretical circles and practical circles. Therefore, in order to be able to understand the deep social value of people’s mediation system, and to promote, guide and improve the people’s mediation system in the contemporary, talking about people’s mediation system in Anti Japanese War from the legal culture field of vision, is very necessary at this stage for the exploration and development of the legal system in our country, which absorbs the essence of traditional legal culture and meets the needs of the development of the times, and it also has the extremly important theory significance and practical value for the construction of a socialist harmonious society in our country.This paper is divided into three parts:Part one: the general theoretical analysis of people’s mediation system in the period of Anti Japanese war. First of all, starting from the definition of the concept, the development history of mediation system concept, system generated and the inner mechanism of the mediation system is discussed, and then elaborates on the people’s mediation system during the period of Anti Japanese War, comparative analysis of the Anti Japanese war in the past people’s mediation and mediation system as well as other dispute resolution differences, highlighting the characteristics and significance of people’s mediation system in the period of Anti Japanese War; secondly, the people’s mediation system in the period of Anti Japanese war culture analysis, mining the people’s mediation during the Anti Japanese War to root causes, development, and expansion of the legal culture from the angle of sociology and law; finally, focus on the perspective of legal theory, from three aspects of justice, freedom, efficiency describes the value foundation of the people’s mediation system in the period of Anti Japanese War, after the exposition, to lay a solid theoretical foundation.Part two: the construction of the people’s mediation system and operation during the period of Anti Japanese war. Starting from the people’s mediation system in the period of the war of the historical data, the specific institutional framework of the people’s mediation in the period of Anti Japanese war is analyzed, and points out that at the time the party’s mass line and each according to the regulations of the people’s mediation system is formed to provide a realistic basis, then the specific model design of system analysis, are analyzed from the mediation in the form of organization, the principle of mediation, mediation, conciliation, mediation scope model results and at the time the people’s mediation in order to reproduce the typical case, the people’s mediation system in the period of anti Japanese War picture.Part three: the evaluation and Enlightenment of people’s mediation system in the period of Anti Japanese war. First of all, discusses the value of people’s mediation system in the period of Anti Japanese war. During this period the people’s mediation closely around the party aim thoroughly implement the mass line, insist on the principle of justice for the people to resolve disputes at the grass-roots, saves a considerable part of judicial resources for the war of resistance against japan. Secondly, reveals the defects of the system, and points out that the legal system degree of people’s mediation system in the period of Anti Japanese war is not high enough, the content design defects, the value orientation is not clear enough. Thirdly, points out the contemporary inspiration of the system. The people’s mediation system in Anti Japanese War provided the experience for the harmonious development of the society and provides the “native resources” for the constuction of multipartite mediation mechanism.