On Pacts Of Civil Dispute Resolution Capabilities

Self-restraint has always been as research and observe the Chinese rural society’s important samples. In the contemporary legal construction process, self-restraint not because of its traditional and historic lose value, it is in advocate the use of "local resource" won the continue today.China legal transplant on a large scale, it is inevitable that the law in some extent and China’s actual social disjointed, especially the rural society and disjointed. At the same time, because of the rural society dispute trivial multifarious, legal difficult to really work, or the law in the adjustment of the social relations exist some blank; And rural social people have the idea of" lawsuit-weary ", these elements for self-restraint can play a role in solving civil disputes provided conditions. So that people have disputes, often more willing to seek the local self-restraint as the basis of dispute solution; More willing to choose mediation as the way to resolve the disputes. Use self-restraint solve civil disputes, not only it is able to solve disputes, timely and low cost, reduce the confrontational between the parties; And self-restraint in rural society has authority position, so the solution of civil disputes is more easily to be implemented and enforced. Therefore, based on self-restraint’s function of civil dispute solution in rural society, in this way, the author divided into the following several text parts:The first part:self-restraint overview. First of all, this paper discusses the self-restraint’s historical development, and in reference of the existing theoretical achievements, and on the basis of the definition of proposing to make my understood. Secondly, a clear set of self-restraint subject, form, content and characteristics. Finally, analysis the relationship between self-restraint and common law, folk law and the national law.The second part:civil disputes in the vision of self-restraint. This article use cases of self-restraint how to solve civil disputes as the breakthrough point to analyze the self-restraint’s function of solving disputes. Through field investigation to get rich first-hand material, to lay the foundation for theoretical research. First of all, introduce the field investigation object. Secondly, expounds the type of rural society disputes. Finally, analysis self-restraint in rural society civil dispute solution plays an important role.Part three:analyze self-restraint’s current situation of civil dispute solution. On basis of investigating in the field with the case, analyzes the self-restraint’s strengths and weaknesses about the function in civil dispute resolution.Part four:self-restraint’s prospect about the civil dispute resolution function. First of all, this paper discusses the standardization of the self-restraint, including the necessity of standardization and how to standardize. Secondly, the paper discusses self-restraint’s function of civil dispute resolution make contribute to dispute-settling mechanism. Pay attention to the self-restraint’s civil dispute solution function, pay attention to self-restraint’s leading role in the mediation process, not only enriched the basis of mediation, also can make dispute-settling mechanism have improved, and to make all kinds of dispute solution joint role, in order to meet different social members legal appeal. So, in the legal construction process, should pay attention to the self-restraint’s civil dispute solution function, deeper excavating and using useful "local resources" to solve rural society’s civil disputes.