On The Improvement And Development Of People' Mediation System

The people's mediation system is called 'Oriental experience'. As a dispute settlement mechanism, it is invented in our country first. It has demonstrated a tremendous vitality and value in the history. Just as the other system, the people's mediation system is not only the inevitable development of history, but also the summary of the practice wisdom. Because interdependent relationship between the society and the system, when the social conditions changed, the people's mediation system begained to run poor. ADR brings development opportunities to the system. We can transplant foreign advanced practice, but it will be better to restructure and reform local system. The people's mediation system is an important component of ADR in china, so it is naturally concerned.It is regrettable that the discussion to this question is still superficial. People just discuss how to improve quality of the people's mediators, how to increase the input. The purpose of the article is further to discuss this issue on the basis of my existing knowledge.In this article, I try to use sociological research methods and thinking to research the law, focus on and internal relations between law and society, and make society as the basis of the existence and development of law. The article is divided into three parts, in the first part I will discuss the need of further improving and developing the people's mediation in China, from these three areas: the dispute settlement mechanism of social pluralism demand,mediation and litigation complementary function and the current judicial system defects in China. In the second part firstly I Introduce the development of history and System Overview of the people's mediation system. Then I come to the conclusion that the system doesn't do well through data and cases. In the last part I put forward some views and opinions for the reforms of people's mediation system: turn the education-mediation to a new mediation system that find a balance between the judgement and the negotiations; Improve the quality of the people's mediators; Foster the people's mediation needs of the social conditions; .Strengthen interaction between the people's mediation and National Judicial. When put forward the idea of reform, firstly I analysis the social change after the reform and opening up, so draw the following conclusions that the original system has not adapt to modern society. Then I do the theory analysis of the people's mediation system, and briefly introduce and Review the practice of the reform.