Study On The Multi-resolution Mechanism Of Rural Disputes From The Perspective Of New Countryside Construction

The study on the multi-resolution mechanism of rural disputes from the perspective of New Countryside Construction is the main content as well as an important part of contemporary Social Development theory. To build a multi-resolution mechanism of rural disputes is a strategic measure to stabilize the rural society, and to make farmers live and work under peace and contentment, which is a fundamental work to realize the construction of a New Socialist Countryside, directly concerning the overall development and the future tendency of China as a large agricultural country in transition, and the construction of a Harmonious Society.The overall systematic study on the multi-resolution mechanism of rural disputes from the perspective of New Countryside Construction, ranging from its formation, development, strategic position, value orientation, internal mechanism, security system, successful cases to its implication, has important academic values in constructing new research framework, exploring new research field and filling the research gap; has important theoretical significance in widening ideas of resolving disputes, enriching and developing the traditional resolution mechanism of dispute and innovating the Theory of Contradictions among the People; has immediate significance in carrying out the internal request of the ideas of " People Oriented , and All-round , Coordinate and Sustainable Development " proposed by the Scientific Thought of Development, explaining the issues such as the enlarging of difference and outstanding contradictions under the market economy environment , and impelling the development of the construction of a New Socialist Countryside.Under the guidance of Marxist Theory, and the integration of theory and practice, generality and particularity, and logic and history, this dissertation gives an overall and systematic analysis and argument of the multi-resolution mechanism of rural disputes from the perspective of New Countryside Construction through a combined study of philosophy, politics, sociology, economics, law and other related disciplines.The dissertation consists of eight chapters.Chapter One is the Introduction, explaining the reasons of topic selecting research significance, literature review, research methodology, research ideas, framework, innovative ideas and so on.Chapter Two gives a general summary of the resolutions of rural disputes. It first summarizes some typical cases of rural disputes, then analyses reasons and finally predicts its future development trend, which generalizes its impacts on the New Countryside Construction.Chapter three explains the establishment and evaluation of the resolution mechanism of rural disputes. This Chapter first puts forward basic reasons of establishing this mechanism, then explains its formation and development, and finally makes a comparison of types and features of resolutions between the time before and after the reform and opening-up.Chapter Four analyses the necessity of establishing a multi-resolution mechanism of rural disputes.Chapter Five explains the value orientation of the multi-resolution mechanism of rural disputes, which must adhere to the principles of "people oriented", preserving the social justice and legal justice, increasing the efficiency of resolving rural disputes, and maintaining the fine cultural traditions and moral values so as to lead a deep value foundation for the construction of a New Socialist Countryside.Chapter Six explains the framework of the multi-resolution mechanism of rural disputes, which consists of settlement by agreement, people's mediation, administrative sanction, arbitration award and judicial decision so that such a framework can cope with the real needs in the countryside under the new situation.Chapter Seven explains the security system of the multi-resolution mechanism of rural disputes, which explains how to set up a platform for this mechanism form four aspects—the establishment of institutions or teams, and conditions, their ability to solve disputes, supporting facilities, and their cooperation.Chapter Eight explains the empirical research of the multi-resolution mechanism of rural disputes and its significance to the New Countryside Construction. When considering the imbalanced development in the China's countryside the forms of questionnaire and case interview have been done in some typical rural areas. By summarizing, the research will provide empirical evidences to the theory of multi-resolution mechanism of rural disputes.Compared with those research findings of the same kind of research topics at home and abroad, and the authors' previous research findings, this dissertation has four innovative ideas:Firstly, this dissertation explains the resolution mechanism of rural disputes from the perspective of the construction of a New Socialist Countryside innovatively, which provides a strategic perspective for resolving the Theory and Practice of Contradictions among the People. Rural problems has always been an important focus of adopting Marxism to conditions in China, but so far, no one has discussed the problem from this perspective clearly, which is a weakness in the construction of a New Socialist Countryside. So such a weakness is also a new research topic in the temporary area with large research space and research value, which can fill the academic research gap.Secondly, it puts forward and explains the value orientation of establishing the multi-resolution mechanism of rural disputes. Basically speaking , the construction of a New Socialist Countryside is the inheritance and development of the issues concerning agriculture, countryside and farmers whose focus is to realize a just treatment to agriculture and farmers. It is argued that the establishment of such a mechanism must adhere to the principles of "people oriented", preserving the social justice and legal justice, increasing the efficiency of resolving rural disputes, and maintaining the fine cultural traditions and moral values. Value orientation is not only a theoretical issue but also a realistic one deserving everyone's attention, which is the value foundation of the construction of a New Socialist Countryside.Thirdly, the dissertation argues that the key to establishing of the multi- resolution mechanism of rural disputes to lead a legal approach and explore the coexistence and combination of different types of resolutions within the mechanism itself. Considering the weakness of the traditional resolutions of rural disputes when facing with the various complex disputes under the new condition, innovatively, the dissertation argues to establish diversified resolutions containing settlement by agreement, people's mediation, administrative sanction, arbitration award and judicial decision through the combination of social resource. Through the complementation and good interaction, disputes can be solved properly in time, which can keep the construction of a New Socialist Countryside progressing successfully.Fourthly, it explains the security system of the multi-resolution mechanism of rural disputes from the level of system, law and society, innovatively. It argues to concentrate on the establishment of institutions or teams, and conditions, to improve the mechanism's ability to solve disputes, to improve its supporting facilities, and to impel their combination so as to set up different platforms for the mechanism.In summary, at present, China is still a developing country with the rural population occupying the whole, so agriculture, countryside and farmers are the key to the country's stabilization and the harmonious development of its society. Thus, the 17th Session of the General Assembly put forward that to balance urban and rural development and to impel the construction of a New Socialist Countryside are strategic measures to solve the the difficult problems concerning agriculture, countryside and farmers. But the issues are represented by the various complex rural disputes which have become the outstanding problems in affecting the economic development and social stability of the countryside. As disadvantaged groups in society, if the farmers' disputes cannot be solved properly in time, there will be discontent among them, which will affect the stability of the social stability and the development of the construction of a New Socialist Countryside, concerning the overall development and the future development of China as a large agricultural country. Consequently, aiming at the general situation of the construction of a New Socialist Countryside, after a careful and realistic consideration of the features of rural disputes under the new situations, we should try to solve those disputes with positive attitudes by choosing proper resolutions and following correct principles so as to put the diversified mechanisms into fullplay. Besides, we should put more efforts in solving those disputes properly in time, harmonize the relation among different interest groups and respect farmers' legitimate interest and dominant position so that we can stimulate their active enthusiasm, which will secure the fulfillment of the construction of a New Socialist Countryside.Practice has proved that a unitary resolution of rural disputes cannot solve the increasing complex disputes. In the course of constructing a New Countryside, we should first find the various contradictions and disputes that affect the social harmony in the countryside, and then solve them with an effective resolution mechanism. However, the situation is that there is not a systemic analysis concerning the resolutions of rural disputes, or though the multi-resolution mechanism has been established, it is not very mature with few types and incomplete system, or without any significant monographic research. Especially, some related research neither considered the imbalanced features of the development of China's countryside nor paid attentions to the resolution mechanism in different rural areas, a rational and effective multi-resolution mechanism of rural disputes has not been established yet, which can not satisfy farmers' new needs and expectations.Therefore, for either considering the development of time or the practical interest of farmers, the mult-resolution mechanism of rural disputes is the most proper and necessary social mechanism which agrees with the development needs of construction of a New Socialist Countryside. So, the very first thing for us to do now is to set up a multi-resolution concept to solve disputes and establishthe multi-resolution mechanism of rural disputes which can conform to diversified channels and the put itself into fullplay with high efficiency, convenience to solve the diversified rural disputes. Indeed, this is a very important and urgent task that we are faced with in prompting the construction of a New Socialist Countryside.