A Study On The Revival Of People's Mediation System

The People's Mediation System is a dispute resolution with remarkably national characteristics in China, and is thought of as"oriental experience"by the Occident. The system experienced resplendence at one time, but since 1990s, it has been declining for a long time, while the practice of alternative dispute resolutions (ADR), which is composed of mediation and other dispute resolutions to substitute litigation, prevails over other legal regions in the world. As the practice of the People's Mediation System has been in a tight corner, and the civil disputes become complicated and frequent in the background of the tremendous transformation of Chinese society, it is significant to study on the people's mediation theoretically. The paper will demonstrates the justice of People's Mediation in the premise that the People's Mediation System and the litigation system supplement each other functionally, and then provide some suggestions for the revival of People's Mediation System just to point out the possible direction.In the article, there are five parts to analyze the People's Mediation System . First part is about the basic situation of People's Mediation System which includes the following content: reviewing and analyzing the history, development, decline and revival of People's Mediation System in detail . I will analyze why the decline of People's Mediation System in-depth, such as the variance of social structure, misguidance of concept, sustainment of government and so on. At last of this part , I will summarize the virtue and shortage of the People's Mediation System.Second part is the analysis of valuation of People's Mediation System, which is as one part of analyzing the justice of the existence of People's Mediation System. The value of order, benefit and autonomy of the People's Mediation System are as the support for the justice of the existence of People's Mediation System.Third part of the article which is the main part providing demonstration for the justice of the existence of People's Mediation System is about the necessity and possibility of People's Mediation System. There are two reasons for the necessity and possibility of People's Mediation System: necessity of social development and the particular functional advantage of People's Mediation System which as good supplement to litigation. Four part is suggestions for the revival of People's Mediation System. Because of the variance of social structure, People's Mediation System faces the deficiency of authority, which is the main reason for the decline of the People's Mediation System. In order to perfect the People's Mediation System and renewedly form authority and finally realize the revival of People's Mediation System, we should ensure and develope the tradition of personal force and strengthen the public force.In the last part, I conclude that if the People's Mediation System should realize revival in modern society, it should be in the shadow of law.