Research On China's Rural Diverse Dispute Resolution Mechanism In The New Era

Since the reform and opening up, with the in-depth development of market economy, China is transforming from a traditional agricultural society to a modern industrial society. The urbanization process of rural society has been also gradually quickened, and the earth-shaking changes have taken place in the political, economic, cultural and other aspects. In such a transition period, the diversification of the economic interests make the rural community's disputes have shown new festures such as sharp increase in quantity, diversity in species, complication in the contents, more diversity in dispute subjuects and so on. In such a big agricultural country as China, if only we safeguard the interests of farmers who are the majority of the population, ensure their legitimate ringhts and interests, resolve the disputes in rural areas fairly and effectively, the whole society can achieve stability and harmonious development. But because China's traditional dispute resolution mechanism in rural areas has its historical limitations, which can not fully meet the new situation of the rural disputes in the transiton period, so it must be adjusted and reconstructed in all aspects. And because China's rural society is not only different form the traditional "local community", but also have differences with modern "civil society", which have its own unque characterics. Therefore, duing the process of dispute settlement, on the one hand, it is necessary to take inte account the special nature and actual characteristics of the rual society, use fully its traditional resources and play the effective role of non-litigation dispute resolution mechanism. On the other hand, we must fully understand the "modernity" of rural society in the new period and its practical needs to justice, improve the judicial establishment, chieve the effective convergence and begign complementarity between litigation and non-litigation dispute resolutinon, and eventually build up to the rural diversie dispute settlement mechanisms taking the judicial intervention as the final indemnification. The study put the above contents as the idea, take the achievement of farmers'rights and interests protection, and effective resolution of rural disputes as the starting piont and foothold. In the context of harmonious society and new rural construction, focuse on emipirical research, on the basis of analyzing the current situation and basic theory of rural disputes, through the comparative research between the domestic and international dispute settlement mechanisms in rural areas, combine with China's reality, focus on ecploring the specific construction of rural diverse dispute resolution mechanism.First of all, through the method of empirical research and case interviwes, study the China's dispute and its current resouliton status taking hubei Province as example, mainly analyse the aspects from the type, charcateristics, reason and function of rural dispute and so on, at the same time, also focused on studying the rural exsting dispute resolution methods and the various factors which affecting the farmers'dispute resolution methods selection, and ananlyse the existiong difficults of China's rural dispute resolution mechanism from four aspects.Secondly, focus on inspecting the practical situation of rural dispute resolution mechanism aboad taking the countries of the United states, Britain, Japan, Germany as represpent, and on the basis of the empirical investigation, Through the compration and analysis of the development and practical situation of rural dispute resolution mechanism between China and foreign countries, identify the gap, and finally condense out the experience and enlightenment about constructing China's rural dispute resolution mechanism.Then, through the ananlysis of basic theories of harmonious society constrction thory, freedom of rights relief theory, social order and equilibrium theory and farmers'rights and interests protection theory, and the ananlysis of actual conditions about diversification of rural dispute resoulution demand, diversification of dispute subjects'pluralism values, diversification of social subject relationships and diversification of dispute resolution methods and means, propose the necessity to build the rural diverse dispute resolution mechanism. And sum up the principles that must be followed in constructing rural diverse dispute resolution mechanism from four aspects of both fair and efficiency, unity between procedural justice and substantive justice, combination between autonomy and rule of law, as well as sustainable development.In addition, after analysing the theories of rural diverse dispute resolution mechanism, maily concrete construct the rural diverse dispute resolution mechanism from aspects of the improvement of litigation, non-litigation dispute resolution mechanism and supporting mechanism, as well as the interact convergence and benign action between the litigation and non-litigaton dispute resolution mechanism. Propose to establish the concept of diverse dispute resolution taking the litigation as centered, fully play the role of grass-roots coruts, edtablish small claims procedures combined with the physical characteristics of rural areas and strengthen legal aid system. At the same time it is necessary to fully play the diverse role of non-litigation dispute resoluting methods such as conciliaton, meiation, aritration and administrative rulings, strengthen the role of litigation in safeguarding and norming non-litigation, and carry out effective judicial review.Finally, take the suggestion and thinking in how to implemt the diverfied action of subjects'role, diverfied innovative of methods and modes, diverfied coordination of rule-level in constrcting the rural diverse dispute settlement mechanism. Focus on analysing how to deal with the conflictment between the state law and civil social norms during the rural dispute resolution, and how to better realize the balance between nomocracy and autonomy. And rely on the above to eventually realize the benign and sustainable development of rural diverse dispute resolution mechanism, maintain the harmony and stability of rural society.