The Actuality And Perfect Of The Grand Mediation Mechanism

Our country is in a period of social transformation, all kinds of contradictions is obviously and showing a complex, frequent tendency.The grand mediation mechanism forms have emerged in many parts of the country in order to deal with all kinds of new social contradictions and disputes in the context of the times.The grand mediation mechanism forms which combines the true state of all parts made outstanding contributions to the relief of local conflicts and disputes and alleviated judicial pressure, cooperated with the administrative organ of social management, to create a good atmosphere of harmonious society meanwhile.There are three kinds of typical patterns of the mediation mechanism forms:Judicial mediation, administrative dominant mediation and people dominant mediation.Mediation of the three types each have unique advantages.Judicial and administrative dominant mediation has the authority and efficiency, is conducive to the case, and save the judicial and administrative resources;The people dominant mediation give full play to the autonomous power of society in accord with local reality and moral ethics.But each type of mediation forms also has some practical dilemma.Such as:The judicial mediation increased the court’s workload so that it is contrary to the original intention of the establishment of mediation;The administrative dominant mediation is not conducive to the concept of the rule of law which is easily lead to the expansion of administrative power and there has not an independent third party presents in the face of the officials and people dispute; The people dominant mediation team not only lack stability and professional, but also lack adequate support in the material security.Mediation is an effective way to solve the contradictions and disputes and the grand mediation mechanism forms has also played a positive role in practice.The theoretical analysis of the mediation combined with the actual operation is helpful to put forward reasonable suggestions to improve the mediation mechanism.The concept of public order in the theory of law does play an important role in real life and has important practical value.At the same time, we should dialectically treat the relationship between the concept of the rule of law and mediation, the rational analysis of the scope of application of them in real life can enable both to achieve the ideal level of complementary advantages, seeking common ground while reserving differences.In addition, the position of mediation should be in the rule of law system. Autonomous mass dispute solution concurrent with the judicial trial,it’s standardization of operation need more institutional guarantee from the legislative level.There is not a comparison to the grand mediation mechanism of three types which is better or not,but the people dominant mediation accords with the development of the rule of law and the original intention of the establishment of the grand mediation mechanism better in macroscopic view and has a more broad development prospects.Overall, we should pay attention to the following aspects in the process of improving the various types of mediation mechanism:fully respect and rational use of public order;free activities guided by the idea of rule of law; construction of the standard procedure system;fully understanding of the application fields of the three types of the mediation mechanism; the cooperation and effective cohesion of the three types of the mediation mechanism.