Research On The People's Mediation System In The Patriotic Convention Movement

In 1957,under the leadership of the communist party of China,a new round of patriotic convention movement was launched across the country.Under the guidance of the people's courts and the government,the people's mediation organizations have taken an active part in the campaign,carried out publicity campaigns,taught the people to conclude conventions,and supervised and implemented the conventions.In the subsequent great judicial leap forward movement,the people's mediation system was highly praised and became the most representative legal system in China,which also had a profound impact on the way of judicial trial.In the patriotic convention movement,the people's mediation committee was changed into a mediation committee to take on the functions of publicizing,educating and punishing bad behaviors,and the core function of mediation to reduce litigations was weakened.Due to the weakening of the core functions,the homogeneity of mediation organizations,propaganda organs and administrative organs has been enhanced,and the people's mediation system has been gradually declining.The thesis consists of five chapters.Chapter one is about the historical tradition of rural autonomy.At the beginning of the northern song dynasty,under the guidance of Confucian ethics,the system of village contract prevailed in the rural society,including the code of conduct based on ethics and education and the dispute settlement mechanism based on autonomy.In the Ming and qing dynasties,the ruraltreaty became an officially recognized system and was vigorously promoted.During the rural construction movement in the middle period of the republic of China,rural autonomy was advocated,and the village contract system prevailed,and civil mediation organizations represented by "litigation litigation meeting" appeared.The second chapter describes the rise and development of the people's mediation system.During the war of resistance against Japan,the government of the anti-japanese base area actively carried out the mediation system,and established the mediation organization and formulated the mediation norms through legislation.In the war of liberation,the CPC gradually extended the system of people's mediation throughout the country.On March 22,1954,the state council promulgated the provisional general rules for the organization of the people's mediation committee,and the people's mediation system became the official legal system of the state.Chapter three deals with the new changes of people's mediation in the patriotic convention movement.The early patriotic convention movement was essentially war mobilization,calling on the people to support the war against the United States and aid Korea.After the collectivization movement was completed,in order to educate the people to take good care of public property and take an active part in collective labor,the government once again promoted the patriotic convention system.In the new round of patriotic convention campaign,the people's mediation organization has been changed into a mediation organization,taking on the responsibility of publicizing and implementing the convention.Chapter four narrates the socialist patriotic convention in the great leap forward in judicature.During the great leap forward,the nature of the patriotic convention was defined anew,and the people's mediation organizations were given new tasks.Led by the judicial fever of the great leap forward,the people's mediation system was regarded as the germ of the communist code of conduct and the best alternative to the old judicial system.However,the core function of mediation and organization to solve disputes and reduce litigation has been seriously weakened.Chapter five is a legal analysis of the rise and fall of the people's mediation system.This paper reviews the legal and cultural background of the operation of the people's mediation system,summarizes the influence of modernization and war on China'srural society,and examines the changes in the moral system of rural society.Through the analysis of the change of the qualification of the mediator,the author points out the change of the concept behind it.Finally,the article analyzes and summarizes the reasons for the decline of the people's mediation system.