On The People's Courts Guiding,Guaranteeing And Standardizing The Civilian Mediation

In the process of establishing a socialist country ruled by law,the civil mediation is an important component part of the dispute resolution system and plays a decisive role in building a harmonious society in our country.The system of civil mediation not only conforms to the pursuit of diversified interests of contemporary society,but also conforms to the tide of the times in establishing diversified dispute resolution mechanisms in the world.Some civil mediation systems have become more mature,such as the people's mediation system.However,various types of civil mediation organizations do not form a normative system.Some non-governmental mediation organizations are hidden in the private sector and need to be motivated by guidance and protection and regulation.In this paper,from the perspective of practice and exploration of "Folk Talk Society" in Yongping Town,Yushan County,Jiangxi Province,this paper explores a social management function and responsibility of people's court,that is,guidance,guarantee and standardization of civil mediation.The basic theory begins with a review of the concepts of mediation and civil mediation,and compares and analyzes the civil mediation system in different periods in China.The civil mediation system is an important part of ADR.The rise of domestic and foreign ADR system undoubtedly has important inspiration for the establishment and development of civil mediation.With the theoretical foundation,it begins to discuss the guiding guarantee and standardization of civil mediation.Chapter two analyzes and explains the necessity of mediation and the leading body,establishes the dominant position of people's court in guiding private mediation,and analyzes and concludes with a court's probe into a practical exploration "folk talk society" guided by civil mediation.The third chapter analyzes the status quo of the civil mediation security system,the author from three aspects on how to establish a civil mediation security system published opinions and opinions,the fourth chapter is the regulation of the civil mediation system,followed by the people's mediation system The norms of the judicial confirmation system begin to elaborate,and finally put forward the suggestion to build the "civil mediation law" at the national legislation level and put forward some suggestions on how to construct the law.