A Research On The Urban Community Dispute Resolution Echanism

At present, China's urban social whole is in transition, the adjustment of the interests to influence in the city community in dispute present a frequent, complex, conflict strong sexual characteristics. All kinds of recessive dispute also gradually revealed, and multiple increase, subject to spread from the individual groups. Especially for these have the scale mass of the characteristics of the disputes, the rationality of the requirements and express the illegality of the form to a small number of the social bad molecular use, if not in time to resolve disputes will, the local problems could trigger social global problems, the serious influence social stability and unity.This article based on the practice, from a variety of exploratory research for domestic and foreign dispute resolution mechanism of dissolving mechanism, this paper discusses how to according to our urban community present situation, the maximum utilization of our country's existing dispute resolution resources to maximize the benefit of the dispute resolution.The first part describes the related theory of multiple dissolving mechanism, to the city community dispute resolution mechanism from multiple subject, object and behavior three aspects to be discussed, and summarizes the current our country city community three dispute types, namely the civil disputes, administrative disputes as well as criminal disputes, and of the three types of disputes are comparatively analyzed. Combined with different views of scholars both at home and abroad, and finally presents the concept of this paper tries to research, the urban community dispute resolution mechanism for multiple definition-in the cities based on a particular region, with a common community identity and belonging and together in citizen, the use of litigation and non-litigation the diversity of the way to resolve the community disputes, in order to achieve the urban community order stable mechanism. The second part describe in our existing dispute resolution mechanism status, mainly from the main body of the relief analysis, the private aid force, and aid force and social relief--three aspects analysis, the paper focuses on the analysis of the domestic now typical seven social relief case and mode; Also in this paper introduces the foreign and lay outside the both experience, including Britain's administrative judges' system, Japan's housework mediation committee and Taiwan region before the expansion of civil lawsuit for mediation.The third part classified summarized the current our country city community four dispute types, namely the equality between the parties, the civil dispute any party is a legal person or non-incorporate organizations civil disputes and administrative disputes as well as criminal disputes, and of the four types of disputes are comparatively analyzed.The fourth part elaborated on China's urban community dissolving mechanism of multiple now all kinds of problems existing, mainly including court the function of solving disputes to improve and administrative mediation narrowing range, traditional dispute settlement resources to be strengthened, weak solution is not complete, disputes multiple, relief way multiple and new disputes emerge, etc.The fifth part mainly from the above problems begin, puts forward how to resolve the disputes from to set up correct concept, design the perfect dispute resolution system, create the dispute of benign operation rules to improve the three urban community dispute resolution mechanism, the concrete and can be divided into the plan as a whole the allocation of resources, innovation solving mechanism, reform procedure diversified docking, orderly hierarchy filtration, the guidance linkage mechanism several levels.