Urban People's Mediation And Settlement Of Dispute Of People's Collective Nature

Urban People's Mediation, as a traditional disputes solving system deeply rooted in Chinese culture, has always drawn close concern in our society. The development of Modern People's Mediation, having undergone its periods of glory, decline and revival, has its repeatability which is closely related to the social development and the degree of rule-of-law of China. Since the beginning of 21 century, under the influence of ideas of rule-of-law, ADR, and pluralism, People's Mediation has obviously shown signs of revival in both practices and theories. However, under the surface flourish, there are also many unbalanced aspects. For example, there are more macro analysis than micro analysis, more normative analysis than social analysis, more concern over practice than theories, and so on. This paper intends to correct the above mentioned imbalances to some extent and puts its focus on the urban people's mediation. The author will, through the analysis of its practice in solving disputes of people's collective nature, compare the difference between urban people's mediation and suburban people's mediation, and try to prove its irreplaceable effect in solving disputes of people's collective nature in the future. The paper is divided into six parts:Part one, problems, methodology and materials. In this part, the author presents his thoughts on the current situation of the imbalance in studies of people's mediation, makes a comparison between the urban people's mediation and suburban people's mediation, and studies into the typical value and practical value of people's mediation in solving disputes of people's collective nature. The paper adopts mainly the methodologies of legal-sociology, legal-economics and systematic comparison. The materials involved include the relevant regional situation, works and publications.Part two, typical cases for raising questions and introducing analysis. The author chose some of the most common and typical cases among the current urban disputes of people's collective nature and tried his best to presents the details that bear some academic meanings, so as to raise some questions and introduce the following analysis.Part three, process analysis of the dispute settlement. Based upon the above mentioned cases analysis, the author uses the theoretical frameworks of case analysis and process analysis, broadens the perspective, carefully narrates the complex interaction and game playing between the interested parties, parties and the disputes mediators, presents the typical significance of people's mediation in the process of disputes settlement.Part four, difficulties when courts are involved in solving disputes of people's collective nature. The author analyzes in this part the causes of the difficulties in solving disputes of people's collective nature in court compared to the people's mediation, through the analysis of the features of the disputes, natures and specialization of legal proceedings, the cost and profit, etc.Part five, value analysis of people's mediation in solving disputes of people's collective nature. Based upon the above analysis, the author concludes the three typical values of people's mediation in such disputes settlement, or even in all disputes settlements, namely: the direct value of keeping the social stability, the indirect value of promoting the rule of law, and the deep value of promoting autonomy.Part six, conclusion. In this part, the author concludes that the study of people's mediation should adopt more research approaches in other disciplines, taking sociological approaches for example. The study should adopt micro and specific perspective, put more attentions on the latest development, compare the different features of urban and suburban people's mediation, and provide scientific theories to direct the development of the people's mediation system, so as to put into full play of the people's mediation in multiple social mechanism of disputes settlements.