The Construction Of The Mechanism Of The Rural Disputes Resolution In The Social Transition Period

Since the beginning of the reform and opening-up, China has been in the accelerated period of the transition process from a traditional agricultural society to a modern industrial society. In the social transition period, there appear new features in the rural community of this local dispute, and the disputes resolution also appears different from the past situation. Through analyzing the case, the writer tried to find out the solution of disputes facing the rural areas in the social transition period, especially in the reform and opening up. Moreover, the writer attempted to explore the mechanism of the rural disputes settlement in the social transition period.First of all, this paper analyzed the feature of social transition in China's rural areas and the characteristics of the status of disputes settlement on the basis of the link to the rural disputes settlement. There were a lot of features of the social transformation in China's rural areas. For example, In the rural areas , the transient characteristics in the circumstances of the rural areas; complicated and varied characteristics of the dispute type ; diversity and localization of the setting up of the body of the disputes settlement; rational selecting characteristics of way of disputes settlement. In the social transition period, the performance of the status quo of the disputes resolution in rural areas was: the role of the people's mediation in the resolving was insufficient; the "private" settlement of the criminal cases occurred from time to time; a lot of the disputes settlement depended on the administration; disputes resolution was under the control of some local clan forces .These features and the status quo reflected the frequent and complex situation of the transition of rural disputes, but the mechanism and model of the rural disputes settlement were still in the period of the exploration and reconstruction.Then, the article analyzed the problems of the rural disputes resolution in this period of social transformation and put forward that the disputes resolution faced many problems in the social transition period. The majority problems were that in the system level there were the order conflicts between a national law and civil law, and that in the level of practice there was difficult to choose between the litigation and non-litigation, and that in the main level there was the confusion between a "social acquaintance" and "seek explanation". Undoubtedly, these influenced the rural settlement of disputes to a large extent.On this basis, this paper focused on the train of the thought of the building of the mechanism of the rural disputes settlement. In the building of the pattern of the rural disputes settlement, we could not blindly adhere to the law, but we should set up the mechanism of the diversification settlement of the dispute meanwhile reconstructing of the legal authority and the judicial authority. On the one hand, from the aspect of the system, we should establish the legal authority and judicial authority. On the other hand, from the specific mechanisms, we should set up the diversified mechanisms of the disputes resolution so that the state law and the civil law were orderly convergence to adapt to the rural settlement of the dispute. The diversified mechanisms included the mechanism of the dispute settlement attached to the court, the mechanism of the civil disputes settlement and the mechanism of the disputes settlement of the administration. Therefore, this paper emphasized that the construction of the mechanism of the disputes settlement should take the road of the rule of law, and at the same time it should explore the pluralism of the mechanism of the disputes settlement in order to practice the benign coordination of various organs of power in process of the disputes settlement. As a result, in our country there was the reasonable and orderly convergence and coexistence among a civil mediation, administrative and judicial proceedings of the resolve disputes.