A Rational Analysis On The Authority Of Rural Mediation In China

In China, mediation is not only the main way of traditional dispute resolution, but is the most important ways to resolve conflicts at the present times. However, with the change of value and evolution of institution, the rural mediation is presenting many new symptoms and faces in contemporary China. The existing mediation system is difficult to meet the needs of the reality and the old order of authority in rural mediation is being challenged. In this sense, perfecting rural mediation system and solving the dilemma of the authority and reconstructing the order of authority in rural mediation become a top priority.Max weber, the famous social philosopher in German, said : “The institutionalization is based on the premise of the construction of authority patterns. ” Exploring the related theoretical issues about the authority of rural mediation is the crux of grasping the development course of grass-roots mediation and studying the problem of its perfection. For that matter, Max Weber divided the authority into three types: Traditional authority, Charismatic authority, Legal authority. This distinction is a valid theoretical reference and analysis tools.This article will borrow Max weber’s “authority type” theory to analyze authority type and development trend of China’s contemporary rural mediation, then to find,whether traditional authority, or Charismatic authority, the development of their become weaker and weaker, on the contrary, legal authority is more and more highlighted in the development of the authority of rural mediation in China. At the same time, the development of the authority can not be ignored the reality of the difficulties: Traditional authority is weak force on the whole, Charismatic authority is unsustainable, the emerging Legal authority is struggling. Through the theoretical reference and practical reflection, it can be found, the typological division on the authority is not only beneficial to China but also are limitations to China, legal structure from the outside is the fundamental reason of authority of rural mediation facing many difficulties. So if you want to convert Traditional authority and Charismatic authority into legalization, to solve the troubles, first of all, we must carry out the rule of law from the outside, create a good external environment for the rule of law to provide support and protection for the internal system, so as to promote the reconstruction of the order of authority in rural mediation.