中國法의 調解制度

Abstract

Chinese people mediation system is the peaceful dispute resolution system that reflects socialism characters on the basis of traditional legal culture. It made a flesh impact on the legal system of the Western developed countries and gave a strong incentive to the rise of the post-modern ADR[Alternative Dispute Resolution] system, while prevailing in the course of Communism Revolution and in the early days of People's Republic of China. It may be divided into some periods according to political social changes : mediation overwhelming period before 1980 under the rule of Mao Zedong ; mediation superiority period in 1980s under the rule of Deng Xiaoping ; mediation and judgement coequality period in 1990s after Deng Xiaoping ; and renaissance of mediation in 21st century. This paper sketches broad outline of Chinese legislations and judicial policies on mediation on the basis of this brief history, and proposes some ideas for improvement and activation of our Korean mediation system and policies. I hope that we can draw good lessons in performing our judicial reformation successfully from Chinese experiences to seek the modernization of traditional mediation.