The Culture Of Chinese Traditional Judicial Mediation And The Contemporary Transformation

What's important to traditional legal culture of China is The culture of Chinese traditional judicial mediation,it has lasted for 2000 years,and it's China's unique dispute resolution mechanism.In the ancient China,the primary way to resolve the dispute is mediation.The judicial mediation is not only a judicial system but also a political means.Since the opium war,western legal culture has permeated into China,Chinese traditional mediation tried to learning from the western countries but failed.We don't need to learn the western legal culture,our own traditional judicial mediation is best for our country.Now,our country determined to build a harmonious socialist society,and traditional judicial mediation is important.The need for the contemporary transformation about the culture of Chinese traditional judicial mediation is the complex and diversity of contemporary social disputes and the cultural survival and development needs.The feasibility of Chinese traditional judicial mediation is the state protects strength enhanced and the improvement of system of native culture identity.We are in the procedure of the contemporary transformation of judicial mediation,the judicial mediation has improved in idea, system and institutions.In the idea,keep the social stability and pay attention to the people-oriented at the same time,emphasize the protection of equality, justice, the concept of voluntary and rule of law.In the system,the independent exercise judicial power by the court.In the institutions,people make a decision that choose to accept the mediation or not by themselves.The practical activity of judicial mediation also has process, the right of supervision has improved.There are also some insufficient about the Chinese traditional judicial mediation.In the future,we must focus on the idea of people-oriented to fit in with the needs of the society.