Research On City Community People’s Mediation System

Meditation is one of the oldest dispute settlement methods. As a special systemof community level self-governance, people’s meditation system not only inherits andcarries forward our traditional civil mediation but also shows distinct eracharacteristics with its autonomic and self-governmental features. Due to its easy andconvenient program and low judicial cost, it has been always accepted by the masses.However, in recent years, with the emergence of a series of social problems caused bysocial transformation and the accelerated modernization of legal system, people’smediation system has once been in a dilemma. Nowadays, in the course of building aharmonious society, people’s mediation system is repositioned. Mediation andlitigation should not be mutually exclusive; on the contrary, they should be mutuallyintegrated and develop their complementary advantages.Taking urban community as the research subject and starting from theintroduction of people’s mediation system, this paper analyzes the characteristics ofpeople’s mediation in the urban community and the problems concerning mediationsystem in the urban community. Meanwhile, using the oversea ADR system forreference, targeted suggestions for improvement from the aspects of legislative andsupporting systems were put forward. This paper is divided into three parts:Part1: introduction to people’s mediation system in municipal residentialcommunities. Starting with basic theories of mediation, this paper enunciatestraditional and modern people’s mediation systems and then further gives introductionand analysis on the characters of the arising of municipal residential communities andpeople’s mediation. This part is a necessary preparation for this paper.Part2: in this part the paper focuses on analyzing the shortages of People’s Mediation Law and relevant laws and regulations, explains issues arising out ofconcrete implementation of people’s mediation system in municipal residentialcommunities such as the loss of non-governmental and autonomous character of suchmediation and the restriction of material guarantee.Part3: in this section the author gives some suggestions about the direction ofreforming people’s mediation system in municipal residential communities. Firstlythe author briefly introduces the substitutive dispute settlement mechanisms in the US,Germany, Japan and Taiwan, etc, drawing to suggestions for improvement of oursystem correspondingly based on taking reference from the experience ofaforementioned countries and/or regions. Secondly, the author proposes concreteperfection measures from two aspects of legislation and relevant supporting systems.