Legal Thinking On The Period Of Social Transformation Of China's Civil Mediation System

There has been mediatory tradition since ancient times in our country, and this kind of tradition has been extended for thousands of years, until today. Mediation played a great role in China's history, that we could understand the overview of traditional legal culture of by its mediatory tradition. And among the mediating system, fork mediation(shortened as FM by myself) has been in very important status. In all ages, most disputes resolved by mediation in our country all have adopted the form of the fork mediation. As a kind of an important form of mediation, FM has all-important function also, and played an important role in China's history.But just a kind of dispute-resolved manner as such, which has occupied considerable deal in the dispute-resolved field with good efficiency, has been queried and suppressed, since out country proposed the grand goal of the country governed by law in the period of society's model transition(shortened as PSMT by myself). A lot of personages from central authorities to the law circle and the circle of local judicial practice in our country, all regard lawsuits as the basic sign of ruling by law, and think that FM evades laws and is incompatibly with ruling by law, so they support lawsuits with great efforts, while pay attention to FM very little and even suppress it consciously or unconsciously. It seems that ruling by law means to put every social individual behavior, living manner, viewpoints about values and the dispute-resolved manner in a uniform mode or frame, and having no selective space and possibility of self-governing , which indicates that now our country is still in the lawsuit era passed by the west.However, just as a comedy, when we build the socialist country governed by law and pay great efforts to lawsuit and ignore other non-governmental dispute-resolved manner, west countries have raised a movement of ADR, and they cast more sight on non-governmental dispute-resolved manner, and even make FM and other manners run neck and neck with lawsuit, so, the west has already entered the later lawsuit era. Whether our country building the socialist country governed by law on the base of taking west practice of legal governing as the basic reference, should consider experience and lessons from west world, and think of the unadvisable behavior that emphasize lawsuit while ignore other dispute-resolve manner? Whether legal governing...