| Mediation is often praised by scholars as "an open way of procedure that can accommodate a series of dispute resolution skills,and it can freely follow the specific cases and vary with the applicable fields of law".Mediation and conciliation,litigation and arbitration are effective means of dispute resolution mechanism in our daily life.Mediation is the earliest,most widely applied and best effective way.In ancient times,Confucianism is not advocating people through legal means to resolve disputes,but also advocates "domestic shame should not be published" this thought,it is this "and" the traditional Confucianism Chinese formed the "fear" habits,so as to push the mediation on a new the application of high.In addition,the traditional Chinese society with self-sufficient natural economy as the foundation,to the people,is a typical "local society",in such a society,people mostly dealing with acquaintances,if at the resort to legal disputes,will hurt the interpersonal relationship.Therefore,for civil cases and less serious criminal cases,most people will find the chief justice,mediation,because there are heads of high prestige and morality,people usually obey the results of mediation,to the social state of the pursuit of a maximum degree of stability.Today,the people's mediation system in China is a part of the system of civil procedural law system,with the same legal status and civil litigation,arbitration system,internal legal culture contains inherited the essence of China's Confucian culture,making the system more widely accepted and applied to the actual case in.In this paper,the study of the people's mediation system in Hebei province focuses on the thorough understanding of the system,so that we can use relevant policies and other means to perfect the system,and ultimately pursue the progress of the legal system,rule of law and legal practice.In addition to the introduction and conclusion,this paper mainly discusses from four aspects.The first part is the basic theory of the people's mediation system.First of all,when we grasp the meaning of the people's mediation system,combined with the development of the system in Hebei Province,we mainly focus on the distinction between people's mediation and judicial mediation,administrative mediation and civil mediation,so that the people'smediation system can be highlighted in comparison with other systems.Secondly,with the period of social transformation in China continues to advance,the traditional people's mediation organization has been unable to meet the needs of social life,two kind of new organization this paper introduces the people's mediation system,which are regional and industrial organization of people's mediation and appears in the media in the form of mediation organization,to adapt to social development.Bring new vitality to the people's mediation system.Finally,in order to further deepen the understanding of the people's mediation system,this article through the on-the-spot investigation in Hebei Province,the content of the system is studied,including the nature of people's mediators of the cultural quality,legal status,people's mediation committee of the effectiveness of people's mediation agreement and the people's mediation system.The second part,the practice and development status of the people's mediation system in Hebei province.First,it summarizes the laws and regulations promulgated in the process of budding,establishing and perfecting the people's mediation system,and puts forward some suggestions for the system's construction.Secondly,through the analysis of the people's mediation cases with regional characteristics in Hebei Province,we can make a further understanding of the current situation of the system in practice.Thirdly,it enumerates the achievements of the people's mediation in Hebei Province in order to show the good development of the system in Hebei province.Finally,combined with the development of the above people's mediation system,we find the existing problems,and analyze the causes of the problems,laying the groundwork for the following improvement of the system.The third part,the general situation of foreign related systems and its reference to our country.In this part,through the understanding of the United States mediation system,the Japanese mediation system,the German reconciliation system,the Australian mediation system and other related systems.On the one hand,the development vision of the people's mediation system,from abroad summarize related development characteristics,to provide external construction theory construction and system support system in the development of Hebei province;on the other hand,found the shortage of foreign mediation system or is not suitable for our national conditions,learn a lesson,looking for a shortcut for the development of people's mediation system.The fourth part is to explore the improvement path of the people's mediation system in Hebei province.First of all,we should strengthen the theoretical construction of the people's mediation system in Hebei Province,and lay a solid foundation for the development of the system and the development of the people's mediation system.Secondly,in order to stabilize and optimize the people's mediation team,regulate the salary system of the mediator reasonably,lay stress on designing a good career plan for its development prospects,which not only provides broad promotion space for the people's mediators,but also sets up a perfect supervision mechanism.Finally,in practice,we further explore the effective linking mechanism between the people's mediation system and the court mediation and administrative mediation.Combined with the innovative experience of other provinces,we put forward a series of suggestions that are in line with the development direction of Hebei's people's mediation system. |
PDF Full Text Request