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The noncontentious settlement of group disputes

Author: YangJianPing
Tutor: DuanHouSheng
School: Fudan University
Course: Legal
Keywords: Group disputes Non-litigation Typed processing
CLC: D926
Type: Master's thesis
Year: 2009
Downloads: 66
Quote: 0
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Abstract

With the deepening of reform and opening up, Chinese society has entered the transition period, the social structure change dramatically, the conflict of interest between the various interest groups led to different levels of social turmoil, resulting a large number of group disputes. It can be predicted that in the coming period, the group disputes will become the most important issue affecting the social stability. Therefore, as much as possible to prevent, reduce group disputes, according to their characteristics and to establish and improve the group disputes settlement mechanism, has become a major problem facing our country. Currently, due to the social system, the judicial environment and legal limitations and other factors, China's civil action on a representative action system in practice relatively isolated, can not be a good solution to the growing number of group disputes. To this end, this paper address the theme of non-litigation group disputes. Visits extraterritorial system settings and the actual operation of the foundation of our group disputes settlement system made more in-depth analysis and comparison of proposed group \First Instance settlement mechanism to provide a viable idea for a better solution to the group disputes. This paper is divided into five chapters. The first chapter is an overview of the group disputes. Mainly on groups dispute the concept, features, and value of the group disputes a more specific grasp. And analysis of the the groups dispute adverse social impact, in order to guide a better way to resolve group disputes, as well as setting the necessity of the dispute settlement mechanism of the group. Chapter II non-advocacy group disputes pathway theory. At the beginning of a brief introduction of the Alternative Dispute Resolution Mechanism concept, cultural, economic (cost - effective) and then from the level of the general theory of litigation to resolve the non-group disputes, multifaceted nature, comprehensive analysis and interpretation, so why the non v. settlement mechanism introduced groups dispute the field to be theoretical support. Chapter III the noncontentious pathway extraterritorial group disputes the comparison. This chapter focuses on the United States, Germany, Japan and non-litigation dispute resolution system were examined, from which to explore the characteristics and rules set by the non-litigation settlement mechanism of the Inter-group disputes, in order to provide a reference for noncontentious our groups dispute settlement mechanism innovation and improvement. The fourth chapter based on the analysis of our transition group disputes overview, through empirical analysis on the status of our existing group disputes the people's mediation, letters and other non-litigation settlement mechanism for a systematic exposition, pointed out its existing problems and their causes, according to the reality of reform. The fifth chapter is the core of this thesis, divided by type of group disputes, the establishment of the corresponding non-litigation solve ways. Noncontentious processing in accordance with the \

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