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Study on Diversified Solution Mechanism of an Period of Social Transformation in Rural Areas in China

Author: SongZhiJie
Tutor: YuJingLin
School: Anhui University
Course: Legal
Keywords: Countryside Diversified dispute settlement mechanism People's Mediation The rule of law
CLC: D926
Type: Master's thesis
Year: 2010
Downloads: 171
Quote: 1
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Abstract


China is currently in the overall transition period, the rural population. Fundamental social structure reform and opening up the conversion, the system transition, adjustment of interests and ideas brought about by changes such as contradictions and problems, the performance is particularly evident in our countryside. After the reform and opening up 30 years of sustained and rapid development, the vast majority of peasants' lives improved, gradually reduce the burden on peasants, a considerable number of farmers have access to a well-off life, even affluent life stages. Due to the construction of socio-economic development at the same time, the development of the spiritual and cultural construction, moral and legal system imbalance; profound and extensive changes coupled with the transformation of rural production, lifestyle, the distribution of benefits, and the corresponding social security system, legal The specification is not timely introduction; government level rural cadres work style and ability to work behind the transformation of government functions and many other factors, resulting in \While traditional social disputes arising out of high, due to land acquisition, relocation compensation, environmental pollution, village affairs management caused by new groups, emergencies often occur in sharp opposition intensified. Disputes in rural areas to ease the system running smooth, a large number of rural social disputes can not be resolved in a timely manner, resulting in a large number of petitions, petition event or occurrence of serious criminal cases. How to combine China's national conditions of rural society, while at the same time to achieve the goal of building \The party and the country attached great importance to the rural settlement of disputes of the transition period, from the central to the relevant functional departments of the local governments at all levels to cooperate actively seek the solution of multi-channel way to build a wide range of dispute resolution. From the currently applicable to the situation in rural areas although formed to negotiate a settlement, mediation, administrative processing, arbitration and litigation combination of multi-mode, but coordination between the solution has not yet formed a unified and positive interaction, functional complementation convergence program, the role played by the still limited. Seeking truth from facts of rural community dispute resolution status quo in order to build a reasonably comprehensive dispute resolution system to solve this problem ought to be the starting point, I believe that the solution of the disputes often hidden in disputes among the causes. In this article, the author attempts to return to the nature of the problem, first solve the dispute settlement system to face what the problem is. This means of substantive departments findings the rural disputes in the transition period the causes of the type of performance and presents the characteristics of which are analyzed in order to prescribe the right medicine to find a cure so. Transition in rural China social environment analysis, solve some attitude held resolve the dispute through the the rural specific introduction of the \adapt to the soil of the dispute, and the dispute to the social environment to match. On this basis, the author and the status quo of rural dispute resolution mechanism analysis, information feedback through questionnaires, respectively, of the private relief, social relief and public relief three dispute settlement mechanism in the actual living conditions of the rural compared in order to identify the constraints of the various mechanisms play a role. Finally, the combination of characteristics to solve the problem, I put forward their own views on how to construct a relatively well diversified dispute resolution mechanism in our countryside: explicitly build the general principles to cope with the existing dispute settlement mechanism to gradually improve it, clearly the people's mediation and litigation are two main tasks of the dispute settlement mechanism of multiple disputes effectively absorb and divert the progressive realization of the rule of law in rural areas and the protection of human rights, to truly build a harmonious society.

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