A Study Of Chinese Traditional Mediation Based On Sociology Of Law

Society is the foundation of system’s structure. The form of man ’ s thought mainlydepends on absorbing the experience of the society. A specified period of social factorsinfluence the judicial system and judicial practice. While the fundamental spirit of thejudicial system and judicial practice reacts to the continuation and development of thesociety.Disputes as a social phenomenon, its form of expression always associated with thematerial life level, social and economic development and specific regional culture andcustoms. Recalling the history, both abroad and home, none can be exceptional. There isno doubt that the generation of disputes cause harm to people’s life and social order. Sothat resolve disputes become inevitable. As we all know that Mediation is one of themost ancient way to settle disputes. The Chinese traditional mediation system is a kindof "local knowledge" which rooted in Chinese traditional society. From ancient times tomodern time, mediation is an important mechanism in our country evolved from civilmediation, civil mediation approved by the government, government mediation tomodern people’s mediation, administrative mediating and court mediation. Although theform and content are different to some extent, China’s old mediation tradition has beenkept all the time. Although the rule of law is the foundation of the modern society, thejudge trial in accordance with the law is the basic principle to solve this dispute. But thetrial is not the only path. In a particular situation, the effect of the mediation conforms tothe requirements of society better than other dispute settlement mechanism.In recent years, the mediation as a dispute resolution mechanism attract extensiveattention. Our perception of mediation can’t just focus on its surface. At present, theacademic circles some scholars understanding of mediation too one-sided, they can notgrasp the essence and characteristics of mediation system. The conciliation procedure isthe product of human civilization development. And any human civilization will finallyreturn to the problem of human civilization. This paper studies the relationship betweenthe traditional mediation system and the civilization of the ancient China.There are their deep philosophical and social background in the establishment anddevelopment of the ancient mediating system in China. Mediation originates from thelegal culture without litigation, reflects the ideal of ancient ruler on setting up aharmonious society. Mediating system adapts to family’s society of patriarchal clan system under small-scale peasant economy in China. Meanwhile, it is an importantapproach that ruler of feudal society implements his political regime that "Emphasizingmoral education and complemented by penalty". Above all Mediation is a a specialcultural phenomenon based on specific social economic, political and culturalbackground.In this article, the author’s dissertation aims is to study the Mediation basedon sociology of law.