On The Living Situation And Developing Way Of People's Mediation In The Countryside

As an activity that counts on people's own strength, people's mediation is a system with Chinese characteristics, which has a reputation—"oriental experience". People's mediation has ever played a important role on resolving disputes, assisting government to resolve the social conflicts, promoting people unite up and maintaining social stability. But in recent years, under the influence of various factors, the issue that people's mediation system is gradually not adaptive to the modern society obviously emerges ,and as the proportion of people's mediation work declines in the multiple dispute settlement mechanism, its function gradually weakens, even completely declines. However, with the explosive increase in litigation and the lack of judicial resources, the contradiction of the two becomes more and more acute day by day, and the problem of difficulty of outcome implementation of litigations is increasingly criticized, and the factors above make people and policy makers turn to people's mediation again. The author investigates the city in which she works, according to the local situation of people's mediation ,then shows the foundation and operating status of people's mediation in countryside, the problems encountered, and the possibility of reconstructing past glory.The paper consists four parts. The first part mainly introduce the overview of the place investigated briefly, through the six groups of the data of the place investigated, then shows the network construction, staff composition, operation mode and operation situation of the organization of people's mediation, and partial work to explore and perfect the people's mediation. By the comparison of different sets of data, it shows that a long period of time before the share of people's mediation in the dispute settlement mechanism has a declining trend in the place investigated, and it indicates that the situation of local people's mediation is not optimistic. The second part introduces the unique superiorities of the people's mediation. This part analyzes the superiorities of the people's mediation in four aspects, that are the simple and quick process, flexible and diverse forms; Low cost, efficient operation; Reflecting voluntaries, solving problems completely; Preventing disputes and promoting laws. Conclude the superiorities of people's mediation system that is general way to resolve the disputes among people, and these superiorities are the reasons why people prefer to choose people's mediation and the basis of the existence of people's mediation and government's focus on people's mediation. The third part discusses the factors which constrains the development of the people's mediation. In R city, currently the development of people's mediation encounters difficulties, and the constraint factors have many facets. But they mainly exist in six aspects as following: The instability of the mediation team and the high composition of staff's age; Low overall quality of mediation team which constrains the development of capability; The lack of funding which frustrates mediators'enthusiasm; The lack of propaganda efforts and the weakness of the function of people's mediation; The bias in understanding and the lack of work training and guidance; The lack of the effective communication among people's mediation and judicial mediation, administrative mediation which leads to poor convergence. The fourth part is about approaches to reconstruct people's mediation. On the problems and disadvantages encountered in operation of people's mediation system, according to changes of the situation of the current social conflicts, in order to obtain the long-term development and obviously show the superiorities -- "High efficiency", "Low cost", "Less friction" ,the people's mediation system should be perfected in five aspects as following: To strengthen the construction of the people's mediation team to improve the quality; To relocate the functions of mediation commissions at all levels to explore the construction of full-time mediation team; To enhance propaganda efforts to rebuild rightful place of the people's mediation system; To increase funding protection of people's mediation, and to improve the treatment of the mediator; To achieve the combination and the joint interaction of people's mediation, administrative mediation and judicial mediation...