The Legal Analysis Of Group Events' Non-litigation Settlement Mechanism Under The Social Transformation

Our epoch is a democracy epoch. Our country has built up ideality and faith of"People-oriented"definitely, established the constitutional government items about"state respect and guarantee human right". People-oriented, respect, guarantee, maintain, realize human rights, ensure the exertion and realization of every citizens freeness, rights, interests has become the main rhythm of society and epoch, become the internal value of legislation, law execution, judicature, law-abiding, law-guard, become the base of operate all public power operation, become the social mission of legal operator.We believe that in the process of social transformation, institutional change, institutional reform, restructuring integration, these factors of interest intricated, lead relationships and structure of interest to imbalance disorder, deepened the social contradictions, conflicts and disputes, and causes many group events, society, government, citizens often face serious conflicts of interest from time to time, test the community's institutional development and innovation, test the ruling party, the government's ability , test the emergency response of capacity, ability dispute solution, the test of social organizations and citizens coordination and integration mechanism. Construct and perfect the multi-events group settlement mechanism is a complex system of social engineering, Become a practical problem of building rule of law, a system of innovation and reconstruction of basic links. We should be based on contemporary Chinese society, based on the rule of law, human rights, democracy, supremacy of human rights, democracy and supremacy, emphasis the people's interests first, the supremacy of law, supremacy ,the concept of harmony and intrinsic values as the basis for the soul, construction and development of diversified dispute settlement mechanism to protect democracy, civil rights, livelihood, promote the harmony of social. The non-litigation dispute resolution mechanism of mass incidents use its unique way, form, mode, channel, function provide concrete reality of the effective channels to promote the coordination of social relations, and promote the interests of the community structure and order of protection and adjustment. We should integrate resources to promote the system, institutional reform, building and improving the ability of mass public events, social and public power, private power of non-complaint dispute resolution mechanism, building and improving pre-event mass, matter, the subsequent non-dispute resolution mechanism for the formation of specialized, rational, humane non-complaint resolution system, in order to further promote the rule of law, protection of human rights, people's livelihood and promote social relationships of coordination and interaction.The thesis is divided into five parts, first described the general problem of Group Events. Further explores the characteristics of the times of events under the analysis of the theory of social transformation, then lead out the necessary to use diverse settlement mechanism to resolve the Group Events. The third part focuses on the legal analysis of non-litigation settlement mechanism of, including concepts, classifications, functions, principles, values and so on. The fourth part is the specific analysis of mediation, conciliation, arbitration, letters, administrative rulings and other non-litigation settlement mechanism, analyzed and summarized the advantages and practical value to settle the events in the group. Part V focuses on how to improve non-litigation settlement mechanism significance, in the premise of solving mass incidents effectually. Basis some theories , and starting with the specific measures, in order to remodel the system. Finally, a related system of research, in order to consummate the settlement mechanism of mass incidents.The innovation of this paper is the topic and view. Domestic incidents of mass from a sociological point of view most, even from the perspective of law, was limited in the litigation, although the theory of non-litigation settlement mechanism has made great progress in recent years, but was pale when it comes to interface with the specific issues, This Thesis convergence of non-litigation settlement mechanism and mass incidents under the point of legal, in the supremacy of human rights, justice, fair and equitable, limited enforcement, rational premise of such values, using Non-litigation settlement mechanism to settle mass incidents, and to seek the improvement of non-lawsuit settlement mechanism Perfection. The view of this paper is extensive and do not limited to a single perspective, and take a clear prioritize. In this paper, social analysis methods are be used, legal inducted from example, in order to obtain general knowledge.