Title: Justification of the People's Mediation:A Study of Civil Dispute Resolution from the Perspective of Sociology of Law
Abstract: The People's Mediation is a non-litigating dispute resolution mechanism which is the fusion of traditional Chinese culture and historical tradition.The clash between law and folk customs and practices as well as the application of the administrative technology,has contributed to the formation and development of the tradition of people's mediation during the transformation from traditional monarchy to modern nation-state.The functions of traditional people's mediation has become waeker and weaker due to the transformatnion of the economic system,the stratification of social structure and the improvement of the rule of law during social transformation.However,the people's mediation became a mechanism for dispute settlement officially advocated and supported as a local dispute resolution instead of being abandoned.This article is an attempt to justify the necessity of the people's mediation both in traditional and modern Chinese society from the perspectives of its external effects and the intervention of the state at the grassroots levels,concluding that the people's mediation satisfies the needs of the society.
Publication Year: 2008
Publication Date: 2008-01-01
Language: en
Type: article
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