Research On Dispute Settlement Mechanism In Social Autonomy

Dispute objectively exists and dispute settlement can promote social progress in the social developing process. Legal systems are established after the country, and social disputes are settled based on moral rules and folkways. After legal systems are established, “legal centralism” has prevailed in some places and pushed dispute settlement to an extreme in the wake of legal development, that is, to try to realize overall control of the society by law and settle all disputes through legal proceedings. In reality, citizens’ unilateral choice preference to litigation aggravates the contradiction “cases exceed people” in the court, and the court undertakes huge pressure from dispute settlement. In a global and diversified era, we must admit the important role of foil social regulation while maintaining the authority of law. China is coming through social transformation, and the transformation of economic structure, political structure and social structure gives rise to the diversification of benefit, citizens’ values and social subjects which features the diversification of subjects, causes and types. Whereas disputes with different attributes should be settled in different ways, diversified dispute settlement systems emerge.Dispute settlement mechanism for social autonomy studied in this paper, intended for the common people, is an important part of ADR dispute settlement mechanism at the very foundation of the whole dispute settlement system and aimed at primary dispute settlement by virtue of social forces. To some extent, social autonomy capacity determines the ability of social dispute settlement, the stronger the ability of social dispute settlement is, disputes can be settled at the primary process, as a result, disputes will not be intensified and require no litigate proceedings or other methods. Thus, the study of dispute settlement mechanisms for social autonomy is of great theoretical and realistic significance.Through theoretical exploration, the author analyzes the connotation of dispute and dispute settlement and comes up with positive and negative influences of dispute. Existing systems may need to be adjusted upon the emergence of disputes, dispute settlement means to correct social disorder, reform old systems and to promote social progress. Rule of law is the basic strategy of national governance, rule of law and social autonomy interaction and interdependence. Rule of law, as the guarantee of social autonomy, should reserve a space for social autonomy, social autonomy promote the realization of people’s democratic rights. In social rule systems, we should not only pay attention to the authority of rules of law and the function of civil norms but also facilitate benign interaction between national laws and civil norms. Dispute settlement in the form of action features expensive and time-consuming, while civil dispute settlement features efficient and inexpensive, both supplement each other. This paper aims to realize the share governance of multiple subjects and the good governance of social autonomy through dispute settlement for social autonomy.From the point of practical exploration, the author focuses on elaborating dispute settlement for grass-roots autonomy and industry autonomy as well as the perfection of dispute settlement mechanism for social autonomy. Grass-roots autonomy covers urban community resident autonomy and villager autonomy, both have similarities and differences. Differences determine different features of dispute settlement. Urban community dispute features multiformity of dispute subjects, diversification of dispute types, complication of dispute contents and intensification of dispute settlement, and dispute settlement mainly contains the realization of interest appeals through expression of public opinions, the combination of urban neighborhood committees and civil organizations and the cooperation between urban neighborhood committees and lawyers. With specificities, villager dispute has the characteristics of traditional authority, blood relationship and geo-relation. This paper mainly introduces the promotion of dispute settlement through democratic decision-making, people’s meditation based on village committee and the cooperation between village committees and lawyers. As for dispute settlement for industry association autonomy, the author discusses industry’s power basis and code basis for participating in dispute settlement, analyzes the advantages of industry association in dispute settlement and summaries the participation ways of industry associations in dispute settlement, including industry meditation and industry arbitration. Finally, the author studies the perfection of dispute settlement for social autonomy from the point of the perfection of expression mechanism of public opinions, the perfection of people’s mediation system and industrial arbitration system and the perfection of connection system between litigation and people’s meditation.In conclusion, dispute settlement of social autonomy is the foundation of the whole dispute settlement system, we should cultivate dispute settlement ability of industry associations, neighborhood committees and villager committees and settle disputes through social autonomy. The party involved has the right of independent choice of ways of dispute settlement,nevertheless, disputes involved in simple legal relations and with small target amounts and unserious controversies should be mediated first according to attributes. Dispute settlement mechanisms for litigation systems and social autonomy have advantages and disadvantages, both can complemented each other functionally. Dispute settlement for social autonomy will not threat the authoritative position of national law and judicial power: first, the exertion scope of the right of autonomy is stipulated by law, and autonomy is confined to law; then, judiciary is the core of dispute settlement, while dispute settlement mechanism for social autonomy is an important supplement which provides the party involved with a possibility of choice; last, judiciary has finality in dispute settlement. In national governance, we should establish the benign interaction between national law and civil code, as well functional complementation and advantage integration between the form of action for dispute settlement and dispute settlement methods for social autonomy, and finally realize benign social operation.