The Theory Of Legal System Modernization Horizon In The Mediation Of Law Development

Mediate system refers to the parties, in the case of the neutral third party intervention, according to the national laws, regulations, policies and social ethics, to the dispute parties to intervene, to persuade, to motivate them to negotiate,understanding, voluntary agreement, a legal system to remove the dispute. With the rapid development of society and the progress of the era, as a non-legal dispute solution, mediation in the dominant position in China is still not shaken, and the maintenance of social order for the settlement of the dispute also plays a positive role in promoting, it also reached consensus in academic circles. However, in some ways there are some controversies. Whether such as mediation of modernity significance,mediation whether has a promoting effect on the development of Chinese legal system modernization. Certainly mediation has a promoting effect of scholars think that mediation in solving the disputes in the process of the formation of the accord typed and classical case as well as to the legal publicity and education activities, not only can solve the disputes of the parties, the fusion value conflict, but also provides a powerful material for legislation. At the same time, the process of mediation is also constrained by national law, conform to the requirements of the rule of law. While no mediation has a promoting effect of scholars believe that mediation is a kind of "muddle" activities, with strong randomness and mandatory, it is the product of the rule of man, do not conform to the rule of law social fairness, justice, so not to mention, promote the construction of legal system modernization in China. As the basis, the author is to problem through the analysis of the essential attribute of mediation and modern features, aiming at the development of Chinese legal system modernization in the plight of mediation role in promoting the development of law.This paper is divided into five parts altogether; the first part is the introduction.Including the selected topic reason, significance, domestic and foreign literature review and research ideas and research methods of this article. Think that domestic and foreign legal science study of mediation has made certain achievements, but few people in theory according to the development of the legal system problem, from the perspective of mediation, so the author from the perspective of the novel, this article,it is also the innovation of this article. The second part of mediation and defines the concept of legal system modernization in our country, which provides the theoreticalguide for writing below model. The third part discusses the current development of Chinese legal system modernization in six aspects, for the following mediation role on the development of Chinese legal system modernization of foreshadowing. The fourth part mainly discusses the mediation effect on the development of the law.Positive and negative through specific case analysis and argumentation, this paper discusses the mediation of modernity and unique way of thinking of the rule of law and advantages of how to promote the development of the law. The fifth part is conclusion; it is to analyze the limits of mediation. Mediation has great utility, but it is not everything, but also has some limitations.To sum up, according to our country’s current plight of the development of the legal system modernization, the mediation of the natural advantages and developing reflects the rule of law is expounded, which break through the bondage of mediation original ideas for new understanding of its status and role.