Concept Of Harmony And Study On Proceedings

Harmonious society is the perfect state that human beings have been pursuing since ancient times,and is also our long and precious traditional thought and pursuit of social value, which includes our ancestors' thinking about life,society, nature as well as the greatest wisdom of the universe. "Harmony" which is the guiding ideology of building a harmonious society, has greatly influenced Judicial action and dissolution in modern society in the continuity of the culture and in the developing the useful and discarding the useless thoughts. Therefore, in advocating of "harmoniousness" in Chinese society , under the influence of Confucianism and the pursuit of no suit,"mediation" which is the most representative way, has become the most popular and influencing way of solving disputes in dispute-solving system.With the rapid development of modern society and economy, the single way of solving disputes in the traditional society can not meet the requirements obviously, which makes us build a diversified dispute-solving system. No matter is in court or not,we should develop and utilize any good way of solving disputes. In the first chapter of the paper, I will discourse the court mediation in our civil procedure. Judicial action as the predecessor of court mediation has been practicing for thousands of years. Although there are still various problems, however is not because of the contradiction of the lawsuit mediation system, but because of the lack of standardization and institutionalization,which can be avoided by perfecting the system. As more and more negative effects of dispute-solving way in lawsuit have been found,for example the complication of procedures, high-cost ,half-way of dispute-solving, in the second chapter of the paper Alternative Dispute Resolution(ADR)start to be noticed. In the third chapter of the paper, civil mediation as one of the most important ways of non-litigation mechanism, it has a profound history and cultural origin no matter in forming or developing. Civil Mediation System as our centuries-old legal tradition,which has developed its own characteristic way of solving disputes, but the effects of civil mediation have not been showed completely, even was called"legal-illiterate". Therefore we should not only correct the role of civil mediation in people's minds, but also discourse more to build the framework of civil mediation. In chapter Four, in administrative proceedings, we chose to study mediation of administrative litigation. Although it is forbidden to solve administrative cases by mediation (except Administrative Compensation Suit), but in juridical practice,it is common to find disguised mediation in administrative cases, which causes the low rate of registering and high rate of recalling lawsuits. In face of the contradictory situation, Chinese scholars have different opinions on whether mediation system should be used in administrative cases. In this chapter, whether mediation system should be used will be deeply dissected through the methods of comparative research, literature analysis and the law sociology, to get the theoretical support of mediation of administrative litigation. Finally, I suggest to reform our Administrative Procedure Law, structure and perfect the mediation system in administrative proceedings. At the same time we shall practically update and perfect the mediation system in administrative litigation, and put new vitality for its development continuously.