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Research On The Mediation Mechanism Of “Three Adjustments In One”

Posted on:2023-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:M X Y DuanFull Text:PDF
GTID:2556307031487474Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the profound adjustment of China’s social structure,income distribution pattern,interest pattern,new contradictions are emerging in an endless stream,and in order to effectively resolve contradictions and disputes,the “great mediation” model has appeared and developed in different forms throughout the country.The “three adjustments in one” mediation mechanism in China’s C City N district is an innovative model under the “big mediation” model.“Three mediations in one” means that the three kinds of mediation,namely litigation mediation,police investigation,and visiting mediation,are all withdrawn from the original organs,and the three are in one,that is,all three are handed over to the people’s mediator for mediation.Because the “three mediations in one” mediation mechanism takes the people’s mediator as the main body,takes the people’s mediation as the guide,and has social autonomy,it still belongs to the people’s mediation system in essence.However,the “three adjustments in one” mediation mechanism has creatively integrated the original “big mediation” model,and the content has a certain degree of innovation.In addition to the introduction,the main content of the article can be divided into four parts:The first part starts with the historical process of mediation in China,traces the historical background of the “big mediation” mode of the “three in one” mediation mechanism,introduces its relevant practices,combs the operation mode and basic operation of the “three in one” mediation mechanism.The second part analyzes the innovations of the “three mediations in one” mediation mechanism,such as the separation mode of investigation and trial;the transformation of mediators from part-time to full-time;the change of quality requirements for mediators;the change of quality requirements for mediators to professionalization;and the placement of “three mediations in one” mediation centers in police stations.At the same time,it is proposed that legality should also become a necessary quality for full-time mediators in the future.The third part combs the new and old difficulties faced by the development of the“three in one” mediation mechanism,such as: some mediation quality is not high;People’s mediators have a low degree of specialization and professionalism;Insufficient guarantee of people’s mediation funds;In practice,the mediation system is not operable.The “three mediation in one” mediation mechanism still has the problem of unclear subject status of the mediation center.This part also discusses the geographical location of the mediation center in the police station yard under the jurisdiction,and analyzes whether there is a situation that may lead to compulsory mediation.The fourth part puts forward the path to improve the “three adjustments in one”mediation mechanism by investigating the process of full-time mediators handling business in the mediation center.It is suggested to register the mediation center as a social organization to solve the situation of ambiguous status of the mediation center and insufficient protection of mediators.By introducing the concept of government purchasing services and social autonomy,let the “three adjustments in one” mediation mechanism dominated by people’s mediation serve as a social autonomy force to undertake and purchase mediation services sold by the government.That is,taking the“three in one” mediation center registration and registration as a social organization as an opportunity to promote the transformation of the mediation center to legalization and socialization.So as to improve the quality and salary of mediators,and make people’s mediators change to legalization and professionalization,which may become the general trend of the development of the mediation industry.At the same time,it is proposed that the implementation effect of the people’s mediation system should be enhanced with the concept of “three governance” integration,supported by online services and Amoeba chain business model,so as to promote the flexible “three adjustments in one” social organization model,including urban community model and rural community model.It is hoped that through the introduction and innovative design of the new mediation mechanism of “three adjustments in one”,the scope of application of the mechanism will be expanded,and a new direction will be put forward for the development of the mediation system,so as to promote the modernization and evolution of the mediation system.
Keywords/Search Tags:People’s mediation system, “Three in one” mediation mechanism, Social organizations, Legalization, Social autonomy
PDF Full Text Request
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