The Analysis And Reconstruction Of Rural Mediation Mode In Contemporary China

Mediation is an important way to resolve disputes in China's grassroots society,which has been consciously practiced by many farmers.Up to now,most farmers are still willing to solve problems through mediation when they encounter disputes.However,with the deepening of reform and opening up and the development of national economy,the rural society is also undergoing profound transformation,and the vitality of mediation has been questioned.In the face of the impact of urbanization and modernization,can mediation activities in rural areas play a role of persuasion and enlightenment?In order to answer the above question,I intend to start from the perspective of mediation subject,analyze the mediation mode of contemporary rural areas,and reveal the current situation and challenges of grass-roots mediation activities.The reason why I choose this angle is that there are many kinds of mediation subjects in modern rural society.The relatives and friends,villagers' committee,people's mediation committee,township government and even the grass-roots people's court may become the moderators of mediation activities.In the past,most of the studies were limited to the interpretation of the system and the analysis of the examples,and less attention was paid to the key role played by the mediation subject,which is the basis of this paper.In the arrangement of the content system,this paper first raises questions,discusses the value and significance of the research,and combs the research status at home and abroad,on this basis,forms the discussion direction of this paper.The first chapter introduces the basic situation of rural mediation activities,expounds the way of rural mediation,the current laws and regulations related to grass-roots mediation,as well as the practice of various mediation activities;the second chapter is a preliminary study of the relevant theory of rural mediation mode.I'll enumerate three main mediation model theories,and then criticizes and reflects on these theories.On the basis of reflection,the third chapter introduces my field survey.I believe that according to the types of interaction between the mediation subject and the villagers concerned,the rural mediation workers should be divided into three categories: acquaintance type mediator,rural virtuous type mediator and judicial type mediator.The authority of these three types of mediation subjects comes from familiar trust,folk reputation and system guarantee.The three types of mediation subjects have different characteristics and working methods,and they are connected with each other through the "reporting" and "deliver" mechanisms,thus forming a "Organization-Agency" type hierarchical mediation mechanism.However,there are still many shortcomings and challenges in the current model.Specifically,the hollowness of rural society intensifies the Defamiliarization of interpersonal relationships in the village,thus undermining the trust foundation of the acquaintance type mediators;the alienation of villagers' cognition makes the persuasion of the village wise mediators no longer smooth;and the special mediation between the administrative organ and the court can't make up for the vacuum of the governance order.Not only that,there are also problems of weak links and ineffective mediation among various mediators.If we are ignored with these challenges,the order of rural society will face the risk of collapse.In order to eliminate the above hidden dangers,I put forward some suggestions in the fourth chapter.I think that rural areas can build a co-construction rural mediation system.Through the reform measures of system and culture,all kinds of rural mediation subjects can cooperate with each other to deepen the existing diversified dispute resolution mechanism into a social governance mode that focuses on Mediation and multi-agent co-construct and sharing,so as to realize the harmonious integration of law and etiquette in village society.