Comparative Study Of Traditional Mediation Between China And East Africa

The traditional Chinese mediating culture has a profound culture and has the reputation of"Eastern experience" in the international judicial circle.It is rooted in the traditional legal culture and the modern judicial practice for thousands of years in China.The traditional Chinese mediation system not only embodies the unique political system and economic model of China,but also shows the core thought of Chinese traditional legal culture-no litigation.With the change of the Dynasty and the progress of civilization,the system of mediation has been standardized,systematized and perfected,which has played an important role in maintaining the orderly and stable development of ancient China.Today,mediation is still widely used and keeps pace with the times,playing an irreplaceable role in dispute resolution.The traditional mediation culture in eastern Africa has a long history.Today,this tradition has been extended in the judicial practice of East Africa.The East African region in this article mainly refers to six countries in East Africa,mainly Kenya,Uganda,Tanzania,Burundi,Rwanda and South Sultan.After independence,East African countries not only preserved local customary law,but also inherited the European law which was forced by Western powers in colonial era.At present,China and East African countries are also faced with the modern transformation of traditional laws.How to better use the rich local legal resources to improve the modern mediation system is the challenge for the two.Therefore,this article compares these two aspects,trying to find out the similarities and differences between traditional mediation culture in China and East Africa.The thesis is divided into five chapters.The first chapter mainly introduces the concept and history of traditional mediation culture,and explains its meaning and development process.The second chapter compares the traditional mediating culture between China and East Africa,and compares the five aspects of the natural environment,national factor,social structure,political system and ideological origin,and the third chapter is the comparison of the basic concepts of traditional mediation culture between China and East Africa,and the division from the two aspects of the hannonious interest litigation and the God worship.The fourth chapter compares the cultural basis of traditional mediation between China and East Africa,and compares the three aspects of law,customs,taboos and natural human feelings respectively.The fifth chapter is the comparison of the traditional mediation and operation mechanism between China and East Africa,from the three aspects of the type of mediation,the types of mediation cases,and the procedure of mediation and operation compare.