The Current Research Of People’s Mediation Practice In China

After the people’s mediation law began to carry out in 2010, the people’s mediation system which included in multiplex dispute resolution mechanism had more solid legal basis. Being written in the law through democracy and legalization procedure, the people’s mediation system, which derived from the civil society autonomy rules, plays an irreplaceable role in the construction of the modern country under the rule of law. To have a comprehensive understanding of the people’s mediation system in the modern country under the rule of law construction, we must research the practice of the people’s mediation system. Based on the empirical analysis of people’s mediation case, this thesis realize the people’s mediation system play an important role in the practice of civil disputes in the solution, and then come to the conclusion that the people’s mediation with the current Chinese construction of rule of law have a positive interaction effect.In this paper, based on the empirical analysis of some representative the people’s mediation, the author believes that the reason why the people’s mediation becomes the first choice to solve certain dispute is that the people’s mediation mainly effected by some factors, such as disputes subject, mediator and result. Under the background of individual conflict escalating, the people’s mediation played an important role in the mediation of civil disputes and maintaining stable social order.According to the practice of the people’s mediation case, the paper further summarizes the practical experience of the people’s mediation. People’s mediation has been able to occupy a place in the current diversified dispute settlement mechanism and played its role for the Chinese legal construction, its main experience is as follows: Firstly, The traditional Chinese mediation system plays an important role in the maintenance of a harmonious society. As a part of Chinese excellent traditional culture, The traditional mediation system has adapted to the needs of the social order of Chinese ancient agricultural civilization, and played an important role in the maintenance of harmonious interpersonal relationship. Absorbing the beneficial ingredients in traditional culture of mediation and inheriting the positive role of Chinese traditional mediation system in the coordination of conflict of interest, the people’s mediation system is a development of the ancient mediation system under the framework of the modern rule of law. Secondly, the creative form has promoted the development of the people’s mediation system in China. Through modern multimedia, people can see the process dispute resolution. Due to the lack of personal subjective feelings and prejudice, the supervision of the public is more helpful to the success of mediation. Thirdly, the diversity mediation grounds help people in dispute to accept the conciliation easily. As the rising of modern social right consciousness, the traditional mediation basis is no longer playing the main role. In order to ensure the justice of people’s mediation, the people’s mediation is mostly based on the law, and occasionally combined with civil rules and good custom, which has an important role in promoting the further improvement and development of the people’s mediation system. Moreover, the comprehensive quality of the people’s mediators promotes the success of the people’s mediation. Comprehensive qualities of the people’s mediators are the key element to make the people’s mediation success.