A Study Of The People’s Mediation System In The Modernization Of Grassroots Governance

The people’s mediation system is the inheritance of the best experiences of traditional culture,as well as an excellent practice of dispute resolution during the revolutionary period and after the founding of the country.However,with the reform of the market economy,the people’s mediation system has gradually declined due to changes in the social structure on which it is based.As the pressure on the litigation system increased and the concept of ADR(Alternative Dispute Resolution)developed worldwide,the Party and the State turned their attention back to the people’s mediation system,a system that had shone brightly throughout history,and began to reform it.Mediation has been an important means of governance at the grassroots level since ancient times,and is now an important means of protecting the credibility of the judiciary and saving costs in resolving disputes.Since its inception,the people’s mediation system has been based on the realization of grassroots governance,and the development of the times has given it a different connotation.In the context of the legal and social analysis of the historical development of the people’s mediation system,the decline of the people’s mediation system is due to changes in the structure of the social organisation on which it is based,but the important role played by this system in grassroots governance cannot be ignored.The problems faced by the people’s mediation system today are mainly the following:firstly,how to adapt the people’s mediation system to the logic of the market economy and then to the modernisation of grassroots governance;secondly,how to deal with the tendency of judicialisation of the people’s mediation system;and thirdly,the review problems encountered in the process of judicial confirmation of people’s mediation agreements in practice.The problems encountered by the people’s mediation system need to be answered at both the theoretical and institutional levels.On the theoretical level,the basis for reform or legitimacy of the people’s mediation system in the present era should be grassroots autonomy in the modernisation of grassroots governance,and this autonomy can be manifested in the field of people’s mediation as autonomy that fully respects the parties’ right to dispose of their disputes.A modernized people’s mediation system naturally cannot be overly judicialized or administrativeized,and the view of denying res judicata can be adopted with regard to the theory of confirming the validity of the ruling,whether to give the ruling res judicata effect.Following on from this,at the level of legislation or institutional construction,the nature of people’s mediation agreements should firstly be determined as settlement contracts in private law,and the position of denying the res judicata effect of judicial confirmation of people’s mediation agreements should be adopted,so that the confirmation is more inclined to formal review in the review process,in order to prevent excessive confusion between the people’s mediation system and the judicial system.Secondly,the judicial confirmation system of people’s mediation should be optimised by confirming its non-litigious procedural position and adhering to the principle of joint application by both parties for its initiation.Finally,in order to enhance the authority and trust of the people’s mediation system,the core principle is to clarify the distinction between different kinds of civil mediation,and through unified and comprehensive legislation on non-litigation procedures,to stop subsuming administrative mediation and professional mediation under the name of people’s mediation,and to let people’s mediation focus on its characteristics of grassroots and autonomy.It is also possible to give the people’s mediation system a new lease of life through the Internet+ People’s Mediation system,which no longer relies too much on the power of the judicial system.The role and status of people’s mediation in the modernisation of grassroots governance should be emphasized,so that the people’s mediation system can continue to shine and shine in the modernisation of grassroots governance!...