Operation And Construction Of Guixiang Township Judicial Office’ Dispute Resolution Mechanism

In recent years, sociology, anthropology and legal science has been deepening the research on the dispute resolution especially the rural society dispute resolution, and has possessed a large number of research achievements both with theoretical model and rural narrative. As the highest institutions eventually to resolve disputes, national authorities should master the final resolution power instead of top priority power. This should be the basic principle in the process of the overall reconstruction of dispute resolution mechanism.With the advancement of China’s urbanization and modernization, the interests of the gap between urban and rural areas, between different regions and contradictions become increasingly prominent within individuals, groups, unit, industries, families and communities, it leads to a spike in the number of social disputes and the complexity of the dispute in nature. In addition, the chaos and disorder also reflected in the disputes mechanism in the country because the system was not effectively established. After the fourth plenum of the eighteenth Central Committee of the Communist Party of China, China’s social management goal and the basic purpose of dispute resolution will be more consistent, that is to maintain the stability of social order and social norms.In the traditional concept of judiciary in our country, whether it is a broad or narrow sense, it is not belong to the judicial administration explicitly. As a government-led rural dominant force to resolve disputes, grassroots judicial office both in the rural society and the nation of the judicial administration field at the same time, has dual state and rural brand, plays an essential role in the construction of grass-roots power, and also an irreplaceable role in the minority areas of dispute resolution. However, grassroots judicial office also faces its own embarrassing situation. On the one hand, it is not judicial authority or agency, so it cannot make judicial decisions. On the other hand, it is also not administrative organ or organization; do not have the power to make administrative decisions.Although China has initially formed a negotiated settlement, including mediation, administrative processing, arbitration and litigation, and other diversified dispute solutions, but did not form unified coordination and positive interaction between different dispute solutions, complementary functions, procedures, and the effective mechanism of cohesion. Grassroots judicial office and the people’s court, the police station together constitute a system of politics and law of village and township level in our country, and it is an important part of the grassroots judicial system in our country, in a core position in the transition period of China’s rural disputes settlement mechanism. Besides, dispute resolution is a core function of grassroots judicial office. As peripheral institutions on the implementation of power in countryside under the background of the judicial justice is the actual shape of survival and dispute resolution in the expression and the practice is very worthy of attention and inquiry. This dissertation selected the YI nationality habitation Gui township judicial office in the region of middle Yunnan province as the basis of "small problem, big vision" research, through to the analysis of dispute resolution mechanism of Gui township judicial office and eventually return to rural society dispute resolution mechanism in China.The specific structure and content of this dissertation is composed by six parts.The first part is introduction part, mainly composed of the reason for selecting the theme and the value for research, the related current research status, theoretical basis, the innovation of the research point, etc. Firstly, the thesis puts forward the judicial office as a national unified legal system and the change rules in the rule of law practice in endings "power" of the dispute settlement body, has the typical valve of academic research for deep understanding rural expression and to resolve disputes in judicial practice strategy, action logic, etc. Secondly, the thesis believes that research on the minority areas of the dispute settlement body is should not be divorced from the rural basic view of justice. In rural social governance forms including dispute resolution, either tend to adopt the rule of law or governance strategy, the judicial office could be a balancer based on the function of judicial office, and be included in the rural legal system construction, thus effectively respond to the rural disputes judicial demand. Therefore, dispute resolution through the judicial office can also become a new form of justice in the country. Lastly, based on a comprehensive observation and research perspectives, through carding the theory of both domestic and foreign country judicial and dispute resolution theory, it raises the research ideas and innovations etc.The first chapter mainly elaborates the overview and functions of Gui township judicial office. Firstly, the thesis introduces the overview look of Gui township and Gui township judicial office, and through analyzing its social field, gives the whole show of Gui’s judicial environment of rural society, also expresses the real existence of state and difficulties. Secondly, the thesis uses the basic principles of legal sociology, anthropology, divides the function of judicial office into normative function and the function of anomie, and analyzes them respectively. Lastly, through combining the function of judicial office with daily operation, the thesis extracts several core functions and describes respectively.The second chapter mainly discusses around the basic shape of disputes in Gui township, expounds the dispute resolution mechanism of Gui township judicial office. Firstly, the thesis introduces the dispute types of Guixiang, analyzes the multiple type of the disputes, summarizes the characteristics. Secondly, it focuses on expounding the specific dispute ways of Gui township judicial office, and all types of dispute resolution participants were depicted on the impact and effects of different subjects on dispute resolution. It also analyzes the social factors that may influence dispute resolution. In the form of dispute cases representative discussed, reflecting disputes in rural ethnic minority areas have the particularity of the type and characteristics and so on. Lastly, by comparing and analyzing Gui township judicial office’s dispute resolution mechanism with legal dispute resolution mechanism, exposes the uniqueness of Gui township judicial office’s dispute resolution mechanism. By comparing and analyzing Gui township judicial office’s dispute resolution mechanism with urban communities, setting the groundwork for further discuss on the contemporary cohesion between the dispute settlement mechanism and the problem of rational allocation. In a certain level of achieves the research purposes of "small narragation, big vision".The third chapter is the key part of the whole thesis. It elaborates the practical logic of the Gui township judicial office. Firstly, through the analysis of tradition common vision and disputes body action, to extract the basis of dispute resolution. Secondly, through Guixiang judicial dispute resolution analysis of reality, the thesis regards that judicial disputes resolution of minority areas must take a variety of strategies in the ethnic minority areas, and introduces the specific content of the strategies. Thirdly, through the induction combined with the specific case, divides the process of solving disputes into two types, one is the solution of the specification process, and compares the solving process with the court judgment. The other type is the anomie of solving process, analyzes the procedures, direction, purpose and function of the dispute solution etc. Lastly, the evaluation for judicial office in settling disputes can be divided into positive and negative aspects. In the positive aspect, judicial office of physiognomy is a complex of multiple dispute resolution mechanism, both has right remedy function and a certain control function and also political function. In the negative aspect. judicial office presents the faces of functions of separation, reacting, subject to the limit of the funding system.The fourth chapter is the key part of the whole thesis. In combination with the foregoing, it discusses the position and construction of rural judicial dispute settlement mechanism. Firstly, the judicial system of the country formal dispute settlement patterns and in the multi-level, multi-dimensional social status in the dispute settlement system were discussed, the article will dispute settlement mechanism of justice into dispute prevention mechanism, mediation mechanism and participation mechanisms three aspects, respectively, are described. Secondly, around the era background, how to build a judicial dispute resolution mechanism under the background of innovative social governance prospective were analyzed, the judicial mechanism of how the solution can be cohere with other mechanisms were analyzed, and in different contexts from the expanded basic concepts and principles constructed to deal with the concept of dispute, the likely path and several other measures. Lastly, running around the establishment of judicial evaluation system were discussed, according to the vision of rural justice and the administration of justice, the establishment of evaluation system was explained.The last part is the conclusion part of the dissertation. Through the analysis of the previous chapters and sections, firstly, the thesis analyzes the current situation of dispute resolution mechanism in the general evaluation, and it emphasizes the guide of the development of the dispute settlement mechanism. Secondly, it points out the common problems of the current dispute settlement mechanism and conflict and confrontation diversity in the rule of law around the identity of with the real dispute between the dispute settlement mechanism of the local society’s lack of care and other aspects have been summarized. Lastly, the thesis puts forward some advice on issues needs further study. It mainly includes mechanism security to the dispute settlement mechanism, dispute resolution value of the subjectivity and should focus more on the significance of research on dispute resolution and the like.