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The Cognitive Conflict to the Discourse of Isomorphism

Author: FengWei
Tutor: ZhangYongHe
School: Southwest University of Political Science
Course: Legal Theory
Keywords: Disposition of Complaints Doctrine of judicial concept of communication Integrated system of communication
CLC: D632.8
Type: Master's thesis
Year: 2011
Downloads: 116
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Abstract


The era of the rule of law, because of the presence of Complaint Letters and Visits, the justice has been taken into a tense situation. Although the causes of the phenomenon of Disposition of Complaints complex and varied, but we found that the parties based on cognitive conflict arising from miscommunication, as the trigger is an important reason Disposition of Complaints. We think that the main reason for poor communication made by French law in the form of building up a rational world has the cognitive level of the general population has been alienated, the judicial process is not open, transparent and rational is not strong, and the referee said that the Court petition work for a more lax attitude. Negative reports of judicial corruption, exacerbated by the parties for the amplification of public distrust of authority and antagonism. There is no existing work system following the authority of professional institutions and norms of petition letters and visits handling system. Mental part of the law has lagged behind the demands of the parties with the expansion of the interests of the requirements of the extreme poor communication makes the problem eventually evolved to Complaint Letters and Visits.Disposition of Complaints at work for the poor communication problems exist, a city of western China Huayang Pingxi grassroots courts focus on the practice courts on the exploration and innovation, communication and utilities to carry out letters and made more successful experience. Institution-building, Pingxi Court breakthrough "Court Organization Law "on the organizational structure established court system, independent set in the first nationwide to receive letters for the Office of Foreign Court of Lawsuit. Meanwhile, in order to strengthen internal tribunal, communication and coordination between rooms, the Court also established a joint platform within the hospital, "Litigation involving access mediation center. " Institutional development, is the creation of a Pingxi Court system of measures to try to break the seventeen "Petition communication difficult. " These systems in an open, fair and impartial under the guidance of the principle, the formation of a stable Complaint Letters and Visits system internal and external communication.In order to resolve the Complaint Letters and Visits in poor communication, fraudulent claims from the fundamental sense of justice digestion Complaint Letters and Visits interference. Pingxi petition the court to communicate by summarizing the experience of the cause, we think we can build an integrated system of communication and Disposition of Complaints to fully solve real-world dilemma. Ideological level, the concept of establishing a communication to raise awareness of judicial doctrine and the correct attitude. Level of institutional mechanisms, the relevant functions of the agencies and clear division of responsibilities, the formation of specialized division of labor and unified collaboration. Improve the judicial system of letters and communication to ensure a sound mechanism to discuss the operation. Petition hearing mediation mechanism established to achieve justice petition dealing with the open and transparent. The introduction of third-party assistance system to encourage lawyers to participate petition coordination. Active use of modern information network technology, information letters and visits, network development. Strengthen the capacity of judges reasoning, provide judicial human services.

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CLC: > Political, legal > China's political > State administration > Civil Affairs > Petition work
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