중국 인민조정법에 관한 연구

Abstract

The system of people’s mediation, as an important ADR mechanism in China, has been playing an irreplaceable role in conciliating and conflicts,and in boosting social harmony and stability for a long time. With continuous deepening of reform and opening up, Western mainstream legal thoughts has had a tremendous impact on the traditional dispute resolution of China,especially having brought unprecedented challenges to people’s mediation system in China. For social conflicts during the social transition period grow more complicated, it comes to be an important theoretical thesis and realistic problem to figure out how to re-examine the nature and legal orientation of people’s mediation and to reconstruct people’s mediation centered ADR. Drawing up the “People’s Mediation Law” is the need for social governance of current China; this law will create the new starting point of the diversified dispute resolution mechanism. However, as a relatively extensive or simple statute, The People’s Mediation Law can not solve all the urgent problems, and in its implementation, many uncertainties still can’t be avoided. This paper will take people’s mediation as the center, and analyze its theoretical basis, current difficulties and developing path. Additionally, it will discuss the problems needing attention in the implementing process of people’s mediation combined with new People’s Mediation Law.