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Research on China’s Rural Diverse Dispute Resolution Mechanism in the New Era

Author: BianXiaoWei
Tutor: LiChangJian
School: Huazhong Agricultural University
Course: Economic Law
Keywords: Rural disputes Freedom of the right to relief Small claims , judicial review Rule of law and self-government Diversified dispute settlement mechanism
CLC: D926
Type: Master's thesis
Year: 2010
Downloads: 584
Quote: 5
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Abstract

Since the reform and opening up, with the further development of market economy, China gradually from a traditional agricultural society to a modern industrial society in transition, rural urbanization is accelerating, and in the political, economic, cultural and other aspects undergoing tremendous changed. In such a transition period, the economic benefits of diversification of the rural community disputes this country is also showing increasing substantially the number, variety and content complicated, disputes become more diversified, and other new features. In our country such a large agricultural country, a good majority of the population only by safeguarding the interests of farmers to protect their legitimate rights and interests, fair and effective solution to disputes in the rural areas to be able to realize the whole social stability and harmonious development. In China, traditional dispute resolution mechanisms in rural areas because of its historical limitations, has been unable to fully meet the transition period to the new situation of rural disputes must make adjustments from all aspects and reconstruction. The same time as the new era of China's rural society is different from the traditional \Thus, in dispute settlement, on the one hand, it is necessary to take into account the special nature of rural society and the actual characteristics of the full use of their traditional resources, to play non-litigation dispute resolution mechanisms effective role; the other hand, we must fully understand the new era of rural society \In this study, as a thought to the realization of farmers rights protection, an effective solution to disputes in rural areas as a foothold and starting point, in a harmonious society and new rural construction in the background, focus on empirical investigation, the analysis of the status and rural disputes on the basis of the basic theory , through domestic and international dispute resolution mechanisms in rural comparative study, combined with China's actual dispute resolution mechanism for rural diversification were the focus of the specific construction of exploration. First, through empirical research and case interviews, Hubei Province on China's Rural dispute and the status quo were investigated, mainly from rural disputes types, characteristics, causes and functions of several aspects of the analysis, while also focused examines existing dispute resolution in rural areas as well as settling disputes affecting farmers' choice of a variety of factors, and on the basis of empirical investigation analyzed from four aspects of rural plight existing dispute settlement mechanism. Secondly, the focus inspected to the United States, Britain, Japan, Germany and other countries as the representative of foreign rural practice of dispute resolution mechanisms, through the domestic and international dispute resolution mechanisms in rural development and practice of comparative analysis to identify the gap between China and foreign countries thus condensed out dispute resolution mechanism to build the rural experience of enlightenment. Again, through the theory of building a harmonious society, the right to relief liberal theory, equilibrium theory of social order and protect the interests of farmers theoretical analysis of the basic theory, as well as the diversification of the rural demand dispute resolution, dispute the main values ??of pluralism, the relationship between diverse social subjects methods and means of dispute resolution and other aspects of diversity analysis of real-world conditions, proposed to build a diversified rural necessity dispute resolution mechanisms, and from the fair balance between efficiency, procedural justice and substantive justice, unity, self-governance and the rule of law, and can be combined four aspects of sustainable development in rural areas due to a build diversified dispute resolution mechanism must follow the principle. In addition, the dispute resolution mechanism for rural diversification of a theoretical analysis, mainly from the litigation, alternative dispute resolution mechanisms and support mechanisms for improvement, as well as litigation and non-litigation dispute resolution mechanisms such as mutual convergence and interaction aspects of rural multi- dispute settlement mechanism of the concrete building. Proposed to establish a diversified litigation dispute resolution center concept, give full play to the role of grassroots courts, combined with the actual characteristics of the establishment of small rural proceedings and improve the legal aid system, etc., but also give full play to conciliation, mediation, arbitration, administrative rulings and other non-litigation dispute resolution diversified role in strengthening the protection of litigation and non-litigation specification, the implementation of effective judicial review. Finally, for building rural diversification dispute settlement mechanism of how to achieve the main role of multiple interactions, methods of multivariate model innovation and multi-level coordination rules of a sound thinking, focusing on analysis of the countryside in how to deal with dispute resolution and civil law countries social norms of conflict, as well as to better achieve the rule of law and the balance of autonomy. Relying on this final dispute resolution mechanism for rural diversification benign, sustainable development and maintaining rural social harmony and stability.

Research on China’s Rural Diverse Dispute Resolution Mechanism in the New Era

Abstract

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