On System Of People's Mediation And Its Perfection

System of people's mediation has always won our party and state's attention and people's favor because of its flexibility, convenience, efficiency, harmony and other characteristics in dealing with disputes. And it has played a significant role in settling civil disputes, easing social conflicts and maintaining social stability. Since the reform and opening, with the rapid process of China's economic construction and the rule of law, the enhancement of people's concept of legality and concept of interests, the more and more frequent and diverse participation in economic and social activities, conflicts and disputes are becoming diverse, complex and hard to handle. And the traditional system of people's mediation has been unable to meet the needs of the modern dispute resolution. And since the 90s of last century, the judicial practice of people's courts'strengthening functions, opening the door to receive cases, and getting involved in social disputes excessively proved that it was difficult to resolve all disputes solely relying on the courts. Continued growth in the number of cases, high ihyr and petition, repeated difficulty in enforcement, the continuous decline in the credibility of the judiciary, etc., have given a big burden to the courts at all levels and the rule of law which has just started to practice. In this context, building a multi-solution mechanism has naturally become the realistic choice for people's court to ease the pressure, respond to the construction of harmonious society. As the main force of divergent solutions, people's mediation step forward once again and becomes the hot spot of law theory study, and has also been placed as an important agenda by the people's courts at various levels. However, how to understand and locate the relationship between people's mediation and court lawsuit, court mediation, administration mediation and other aspects affects directly how people's mediation plays its functions. Particularly in the current situation that people's court are building multi-solution mechanism and big conciliation pattern, making clear the functional relationship between people's mediation and lawsuit has a more practical significance to play their respective functional advantages and promote the harmonious society construction.People's mediation originated from our civil mediation system, and is deeply rooted in our politics, philosophy, religion, ethic, social values and psychological quality. And because of this, since its formation, it has always occupied a primary position in the settling conflicts and disputes, easing social trauma, rationalizing social relations and other aspects. Even when mediation was at the ebb, and lawsuit had overall expansion, the number of people's mediation disputes was still greater than that of civil lawsuit, which can show its great vitality and social acceptance. It is also the basis of perfecting the system of people's mediation. At present, our society is in transition, and the legal system faces to the dual task of establishing judicial authority and resolving disputes timely. The two tasks can neither be opposed nor divided. Giving undue prominence to any aspect will affect the smooth progress of China's legal construction. Judicial authority is the premise that the rule of law can be established, which is shown in that when engaged in judicial activities, the judicial officers should receive due respect, judicial activities'results (i.e. decision instrument) should be carried out conscientiously, the parties involved should respect the lawsuit process, and the finality of judicial decisions, wide range of social credibility and the administration of justice should be identified. Judicial activities can get social recognition only through rigorous judicial process, regulated judicial conduct, and showing to the parties and society in visible ways, and at the same time, judicial authority is able to establish. However, due to the limited nature of justice, combined with other reasons such as the current over-expansion of the judicial function and judicial corruption, the conflicts between the lack of judicial capacity and people's growing judicial needs are more and more acute and highlighting, and a large number of disputes can not be resolved properly. People's demands for judicial justice can not be met, and the judiciary credibility was seriously undermined. It should be said that in recent years, the hot cases such as Xu Ting case caused great concern of netizens, which is just the concentrated reflection of the psychological demands and the fact that the judiciary has got social identity. So we think that to meet the new trend of constructing socialist harmonious society, we should emphasize lawsuit's function of protecting the justice and place the aim of judicial on crashing down on crimes and protecting judicial rights. And through trying cases to interpret the spirit of the law, it should provide fair and reasonable guidelines and evaluation to people's behaviors, but not give too much emphasis on lawsuit mediation and divergent solution function. At the same time, it gives people's mediation the function of solving disputes, puts social disputes into the people's mediation scope at the largest degree, gives full play to its advantages of convenience, and non-confrontation, minimizing damage to both parties and is conducive to eliminating social instability and maintains social harmony.In accordance with the idea that people's mediation and judicial lawsuit complement each other, the perfection of system of people's mediation should focus on the present plight, from the following aspects: First, strengthening organization construction of people's mediation, integrating other mediation organizations, building the big mediation pattern, and giving legislative rights to people's mediation organizations. Second, strengthening the construction of people's mediation team, aiming at constructing a professional team with high policy level, excellent legal knowledge, rich social experience, enthusiasm about mediation, a higher moral prestige and charisma, and enhancing constantly the disputes. Third, improving people's mediation work operating systems. Through the establishment of people's mediation's assignment system, docking litigation and conciliation, and regulating people's mediation work procedures, promoting the standardized and institutionalized process of system of people's mediation and improving people's mediation of social credibility. Fourth, exploring the judicial review system, giving grass-root people court's power to review on people's mediation agreement, improving people's mediation agreement judicial relief channel, at the same time, giving people's mediation agreement enforcement and applying to court for enforcement for the cases that both parties do not have objection. Fifth, expanding the scope of people's mediation's acceptance, and putting all the civil disputes outside the exclusive jurisdiction of the law into all the people's mediation. Sixth, improving the people's mediation's protection mechanisms, in particular, strengthening the financial security, putting organization expenses of people's mediation into fiscal budget, establishing financial accounts to ensure the salary, compensation, and benefits of staff of people's mediation, protecting and enhancing mediation staff's enthusiasm. Through the perfection of the system of people's mediation, we will relieve pressure on lawsuit, highlight lawsuit's functions of protecting justice, and strive to find legitimate path to promote judicial reform, explore judicial reform, realize social justice and safeguard social harmony.