The Legal Sociology Research On Industry Mediation

After entering the industrial society, exchange relationship penetrated into every aspect of life, promote the division of labor refinement. Even people who work in the state of competition to maintain contact with each other to learn from each other or cooperation with each other. Sociologists believe that division of labor to promote the social members of unity and guild accordingly. Guild members through the assignment of the autonomy won the legal basis for existence, have the mediation ability. Trade association in our country, based on a system with a strong government control color, mediation system industry lags behind the development of the folk spontaneous industry mediation, general office of the central committee of the communist party of China, jointly issued by the general office of the state council of the industry association chamber of commerce and the administrative organ decoupling overall plan "marks the country will go to town government reform effect, industry association industry association by the town government to socialization and market-oriented transformation, mediation also need through specialization and industry self-discipline to restore authority, there will be major changes its operating mode.Fan Yu once said, in terms of dispute solution, and method of sociology is the study of dispute resolution, and basic theory and method of alternative dispute resolution methods. Carding industry mediation can be found that the process of industry of mediation practice to verify the method of relevant theory of sociology, law sociology theory to guide the development of industry mediation practice.Law sociology research also needs to value judgment, the law sociology value research in social, economic activity, interpersonal conflict, to the value of the evaluation on the legal process, through the actual effect of value judgment, specific and can verify, this is the characteristic of the law sociology value judgment. Western sociology of law of value in some industry mediation cases fully verified, jurists in China will be the western law sociology value localization, promoting the advancement of the industry mediation theory and practice. Industry promoted the social fairness, partial mediation solves the laws and regulations formulated by the hysteresis and the contradiction between social reality demand, the eradication of the government to promote the drawbacks of the "sports type mediation", citizens in the country-dual structure, and increase the corporate control structure, for promoting the modernization of national governance system and management ability has a positive meaning. Mediation in these theories under the perspective of industry, is expected to be on the reference sample of autonomy type legal orbit.Effective industry mediation construction in our country, some have to explore the nature of the mediation, bring enlightenment to the development of industry mediation. Specialized in the field of foreign industry mediation on substantive law issues, entity oriented research significance of reference to the localization of industry of our country mediation work.Industry association mediation is the basis of effective operation of the profession association autonomy ", and the core of the industry association mediation process requires the parties, because of the industry is formed a complete industrial chain, may have to continue cooperation between guild members, guild members in "repeated game" state tend to cooperation, to reduce the likelihood of conflict. Guild members to guild input demands, guild output rational policy for members’ support, guild internal contradictions in the mediation of industry, it represents the interests of the industry for industry plays an important role, but also to prevent guild right concentration, form the monopoly interests, infringes upon the interests of the members, kill healthy development of other industries.Split the pressure of the court mediation development industry, so the industry mediation inherent program interests should be strengthened. Industry mediation law sociology value has guiding significance for the direction of the industry to mediate, but industry mediation in the personnel structure, there are a series of laws and regulations support issues, and go to town government reform needs to reshape industry after mediation, strengthening the regulatory authority. By establishing a perfect talent team construction in order to improve the industry mediation mediation function scope and ability, extend industry continues the transfer functions of the government, strengthening industry self-discipline and accept public supervision in order to improve the credibility and promote the development of industry mediation is perfect.