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The Development and Improvement of the Chinese People’s Mediation System in the New Situation

Author: ShiLi
Tutor: ShaoJun
School: East China University of Political Science
Course: Procedural Law
Keywords: people’s mediation court mediation connection with litigation and mediation harmonious society
CLC: D926
Type: Master's thesis
Year: 2011
Downloads: 139
Quote: 1
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Abstract


The Chinese nation has a long history of the people’s mediation culture. And because of the cultural consciousness influence of“Non-Litigation”asserted by Confucianism and“govern by doing nothing that goes against nature”advocated by Taoism, China has accumulated thousands of years’mediation culture from clan mediation to civil mediation and to people’s mediation from the ancient. The purpose of the mediation is to suppress lawsuit, and also is to realize harmony. Developing and improving the people’s mediation system, which fits well with our national conditions, has a very deep meaning for resolving the civil disputes in time and keeping the society harmony and stability, especially in the current era background of constructing a harmonious society.Since the new century, the people’s mediation system is becoming more and more normalization and legalization, under the central government and local governments’active advocates and promotes. The legislation work related to people’s mediation has been ascended to an unprecedented height. Especially the promulgation and implementation of the People’s Mediation Law, not only becomes an important milestone in our country’s people’s mediation legislation history, but also symbolize that people’s mediation system, which is well-known as an“oriental follower”in the international society, has been formally promoted to special rules of law with universal binding force. In a manner of speaking, the people’s mediation has already comprehensively marched into a legal and regular orbit. And the future developing trend is to blend people’s mediation well with administrative mediation and judicial mediation, and blend people’s mediation well with lawsuit and arbitration.Of course, each law has its own inherent deficiency, such as limitations and laggings, so there is also no exception with People’s Mediation Law. Similar with other previous legislation, although the new issued People’s Mediation Law covers a wide range, some detail clauses of the Law are comparatively superficial and just regulate abstractly on principle. In addition, the Law hasn’t given the specific answers to those questions that people widely concern yet. Actually, the society is complex and highly variable. If the people’s mediation system can finally play a role in stabilizing social order and dissolving people’s contradiction, will largely depend on each basic people’s mediation organization’s operation mechanism, supporting environment, public literacy, and local governments’supports, etc. It can be said that the people’s mediation system is different from person to person and also different from ground to ground.Based on the theory of application in practice, the thesis mainly discusses from theory analyses, foreign experience references, problems exist in judicial status and many other angles. At last, it focuses on the new issued People’s Mediation Law to give relevant legislative and judicial suggestions on how to further perfect the people’s mediation system, so as to contribute to improving the sustainable development of our country’s people’s mediation system.

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CLC: > Political, legal > Legal > Chinese law > Justice system
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