A Rational Thinking of the People's Mediation System of China/UNE PENSEE RATIONNELLE DU SYSTEME DE LA MEDIATION POPULAIRE DE CHINE
Bibliographic record
Abstract
Abstract People's Mediation is a kind of dispute resolution mechanism with Chinese characteristics. In 2011, People's Mediation Law of the People's Republic of China has came into force. This is formulated to solve disputes among people in a timely manner, to maintain social harmony and stability, to reduce litigation cost and to relieve the burden of involved parties and so on. However, there are various kinds of defects in system designs and legal practices, and it still needs efforts with rational thinking to improve and complement the legal system. Key words: People's Mediation; Dispute resolution; Judicial confirmation Resume La mediation populaire est une sorte de mecanisme de reglement des differends avec des caracteristiques chinoises. En 2011, la loi de mediation populaire de la Republique populaire de Chine a entre en vigueur. Cette loi est formulee pour resoudre les differends entre les personnes en temps opportun, afin de maintenir l'harmonie sociale et la stabilite, a reduire les couts des litiges et a alleger le fardeau des parties concernees et ainsi de suite. Cependant, il existe differents types de defauts de conception des systemes et pratiques juridiques, et il faut encore des efforts avec la pensee rationnelle en vue d'ameliorer et de completer le systeme juridique. Mots Cles: Mediation du Peuple; Resolution des disputes; Confirmation judiciaire 1. THE PEOPLE'S MEDIATION SYSTEM OF CHINA Alternative Dispute Resolutions (ADR) is processes or systems used to resolve disputes and relieve the pressure of courts in international communities. Especially in the day of urbanization and industrialization, Lawsuit Explosion has become a problem which needs to be solved urgently in China. With the rise of ADR, most disputes are settled without litigation. People's Mediation refers to a process that a people's mediation commission persuades the parties concerned to a dispute into reaching a mediation agreement on the basis of equal negotiation and free will, and thus, solving the dispute between them. As an important form of ADR, the role of maintaining social harmony and stability is irreplaceable, and it is called as Eeastern Experience within the national and international communities. people's mediation system has experienced the rise and fall process since the middle of last century. Summing up historical experience, People's Mediation Law of the People's Republic of China(hereinafter referred to as People's Mediation Law) has formally come into force in Jan. 1st. 2011, marking the people's mediation work begins the legalization and standardization path. People's Mediation tries to mediate disputes among the people in a timely manner, at the grassroots and on the spot, so as to maintain social harmony and stability. However, as the country's first for comprehensively regulating the people's mediation work,due to system designs and legal practices defects, the people's mediation system needs improving in some aspects in practice. 2. RATIONAL ANALYSIS ON THE PEOPLE'S MEDIATION SYSTEM OF CHINA 2.1 Typical Advantages of the People's Mediation is Reduced mass-based advantage of the people's mediation is reduced. The People's Mediation law article 5 provides, the people's mediation work shall be guided by the administrative department of justice. It might be a tendency of administrative mediation. At this stage, people's mediation work is in the period of transition from government dominating to government leading. Before the dispute resolution ability by society itself is formed, the development of people's mediation needs support from the state. We take it for granted that people's mediation has political tendency. However, the overemphasis on its political attribute would hurt its legal attributes and the massiveness. autonomous advantage of the people's mediation is reduced. Autonomy mainly embodied in: the people's mediation is an autonomous action entirely based on parties' equal and voluntary negotiations to resolve their conflicts and disputes, and the mediator shall not, against the will of the parties, force to reach an agreement. …
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.004 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.004 | 0.013 |
| Scholarly communication | 0.006 | 0.004 |
| Open science | 0.001 | 0.002 |
| Research integrity | 0.002 | 0.001 |
| Insufficient payload (model declined to judge) | 0.007 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".