How to recognize the important role of civil mediation system in China's social life

The civil mediation system, as an important legal system in China, plays an important role in resolving civil disputes. The system as a mechanism for dispute resolution, not only in China's history, enduring, tenacious vitality, but also because of its unique value in judicial practice, thus enjoying the world's "Eastern experience" reputation.

The so-called civil mediation system refers to the people's court under the auspices of the judges, the parties on the specific civil disputes between them, through voluntary negotiation to reach an agreement in order to resolve disputes in a judicial system. Now the author would like to briefly analyze the necessity of the existence of this system in our country from the philosophical, cultural, economic and other perspectives.

From dialectical materialism, the necessity of civil mediation system

According to the dialectical materialism, contradiction is universal. In the complex civil society, civil disputes between people are both ubiquitous and inevitable. However, the contradiction also exists a qualitative and quantitative change process. Before the contradiction accumulates to the qualitative change, the contradiction will irregularly be in a quantitative change process. Therefore, when the contradiction is still in the process of quantitative change, the necessity of measures to ease the contradiction becomes apparent.

Specifically, in the many civil disputes, there are a large part of the dispute is far from reaching a kind of immortality, therefore, to a large extent, they can be mediated. At this point, the civil mediation system has a place. Under the civil conciliation system, the parties will not need to spend weeks or even months to resolve the dispute.

Second, from the national culture of civil mediation system of necessity

As we all know, our country is an ancient civilization with a long history. In the long history of our country, the formation of a variety of cultural trends, but as Mr. Qian Mu in his later years of enlightenment, China's cultural thinking is the highest realm of "unity of heaven and man". What is "the unity of heaven and mankind"? To put it simply, "the unity of heaven and man" is the word "harmony", that is, the harmony between man and man, between man and society, and between man and nature. The Analects of Confucius also mentions that "a gentleman is harmonious but different, while a villain is the same but not the same"; and folklore often says that "harmony begets wealth" and "harmony is the most precious thing". From this, we can see that the idea of "harmony" occupies a very important place in our culture.

Even in the construction of socialist culture with Chinese characteristics today, the idea of harmony still plays an extremely important role. Since the reform and opening up, along with the rapid development of China's economy, there are also many negative problems, and social contradictions are increasingly intensified. In such a social context, emphasizing the establishment of a harmonious society, the idea of the natural emergence.

Civil mediation system is conducive to mediate a variety of civil disputes, ease the corresponding contradiction between civil subjects, not only in line with China's national culture and "and" the connotation of the idea, but also conducive to the construction of a harmonious society.

Three, from the economic point of view of the necessity of civil mediation system

Relative to the complexity of civil disputes, the state's control of the judicial resources are always limited. This means that the state must focus on the use of limited judicial resources, rather than practicing absolute egalitarianism, otherwise it can only make more cases are not handled well.

The use of civil conciliation system makes many small civil disputes can be quickly resolved, improve the efficiency of justice, so that more judicial resources can be centralized in order to solve more large and important cases. For the parties, the civil conciliation system also has an extremely important role.

The Chinese people have had a "fear of litigation" since ancient times, not only because of the influence of traditional culture, but also because of the time, energy and money spent on litigation is not trivial. A lawsuit can take weeks, months or even years. During this period, the parties not only need to spend a lot of time and money to collect relevant evidence, but also appear in court to accept the court hearing. During the litigation, the parties not only have to bear the expensive litigation costs, but also need to bear the psychological pressure. If the parties' disputes can be resolved through the civil mediation system, then the relevant costs will be greatly saved. From a small point of view, is to help the parties to save costs; from a large point of view, is to help society save a considerable amount of resources.

Four, from the limitations of the law of civil mediation system of necessity

Throughout the ages, no matter how good the law, as long as it is made, there will be loopholes. This is caused both by the limitations of the legislative technology, but also by the characteristics of the lagging nature of the law. The society we live in is always in the process of constant change, and the speed of legislation can not fully keep pace with the pace of change in the social environment, so the loopholes will always be accompanied by the entire process of legal development, the limitations of the law will always be accompanied. However, if a law in the application of the process of repeated loopholes, repeatedly let people find in its adjustment of disputes with each other is not easy to solve, in this way, the prestige of the law will also be reduced, the dignity of the law can not be guaranteed. Then, such a law will not be able to get everyone's general compliance.

Therefore, the civil mediation system in this also shows the necessity of its existence. When the law is clumsy and rigid due to its own limitations, the civil mediation system can be more convenient and effective in solving the corresponding civil disputes. In the use of the system, the limitations of the law will be less touched by civil disputes. In this way, the dignity of the law will be better maintained, and then the prestige of the law will increase day by day, and ultimately the law will be universally respected.

Summary

Civil mediation system in China has a long history and has existed for a long time. Although, in the process of judicial practice, the system has all kinds of defects, but any system is flawed, as the world-renowned "Oriental experience", its existence has many necessities. This article briefly from the philosophy, culture, economy and the limitations of the law and other four aspects of the civil mediation system in our country the necessity of existence, at the same time, I hope that the system can continue to exist and the development of more and more perfect.