The Research On Rural Disputes Settlement Mechanism

The rural in the urban-rural dual structure is one of the most important parts of China's legal construction.Although at present the urban population percentage has more than the countryside,from the basic structure of the economic and social development,for quite a long time,rural problems will still be the key of the socialist modernization construction in China.Due to long-term formed by the historical development of city and countryside dual structure,the longer-term history,and the cultural background,it is necessary to solve the rural issues by legal system.Now,the rural society in China is undergoing a profound change,China's rural society has been transformed from a non-flowing society to a open society.This change not only changes the value of the farmers but also changes their behavior,which led to the overall change in rural areas,including economic developments,right,cultural activities and human communication.This change is not over yet,along with the economic development,there will be lots of problems,in order to ensure that the broad masses of farmers to live and work in peace and contentment,the rural social stability and orderly.It is important to build diversified dispute settlement mechanism.Therefore,exploring and researching the solution of the dispute in rural area has the objective necessity and realistic significance.This dissertation will be divided into four parts.Part one,the rural society and the rural problems.The new period of China's rural society is different from the traditional "local society" or,the modern "civil society".At present,our rural law environment is not well established,therefore,it will face the emerging disputes as well as the huge development potential.This article will analyze the contemporary Chinese rural dispute,focusing on its the types,characteristics,and the causes.Part Two,the types of rural disputes settlement mechanism.In view of the rural disputes mentioned above,there are two kinds of rural disputes settlement mechanism,namely,litigation mechanism,extra-judicial mechanism,extra-judicial mechanism can be divided into many different forms,this article will introduce main forms of it.Part three,with the rapid development of market economy,the traditional dispute resolution mechanisms cannot handle the complex contradiction in real life.These two mechanisms mentioned above still have some corresponding problems.This part will introduce the problems of these mechanisms.Part Four,the restructuring of the diversified dispute resolution mechanism.In order to have a better solution in rural disputes,it is imperative to construct a diversified dispute resolution mechanism which focuses on the extra-judicial mechanism and let litigation mechanism as the last relief.Learning the experience of other countries after knowing the problems.The United States,Germany and Japan has its own characteristic.We should not copy the mechanism,we should learn and find out the solution which is suitable to the basic conditions in China.We need to consummate the rural disputes mechanism and open a new avenue for solving the disputes in rural areas.