On The Village Mediation In The Republic Of China

The civil mediation system of China is a special dispute resolution mechanism which is a long standing. It is not only the treasure of Chinese traditional legal culture, but it is praised as the ?Oriental experience? by the western. In today's construction of multiple dispute resolution, the civil mediation system has attracted the widespread attention from scholars all over the world. However, previous scholars have paid more attention to studying the civil mediation system during the Ming and Qing dynasties, so it is not enough for the village mediation in the Republic of China.The Republic of China has experienced transformation from the traditional times to the modern times, and it is an important period in the development of Chinese history. This paper focuses on the village mediation system in the Republic of China, trying to represent the village dispute resolution. First of all, this paper analyzed the traditional Chinese mediation system from three aspects of historical evolution, historical origin and basic types, and emphatically explained the village dispute types and dispute mediation practice in the Qing dynasty through the analysis of historical data. Furthermore, combined with the existing historical data, this paper respectively discussed the village dispute mediation practice during the period of Northern Warlords Government, and Nanjing national Government period which is represented by mediation committee of district and township. Finally, through the analysis of the development village mediation system during the Republic of China which is under the background of the collision between Chinese and western legal culture, this paper argues that the development path of the village mediation system presents a complexity. There is a mix of inheritance and innovation of traditional mediation system. What is more, it gradually shows a kind of trend of institutionalization, organization and standardization. Therefore, discussing the village mediation system during the Republic of China has certain enlightenment for the development and perfection of China's multiple dispute resolution mechanism.