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Research On The Villages And Towns Government's Participation In The Rural Society Settling Disputes System

Posted on:2008-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2166360215455903Subject:Administrative Management
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The subject of the whole article is the settling disputes system existed in the contemporary Chinese rural society and the role of the villages and towns government among it.Based on the former research achievements about pluralistic order, disputes and the settling theories, this article tries to do some research from the angle of administration and sociology of laws. Consulting the countryside investigation materials, this article inquires into various forms of settling civil disputes of the Chinese contemporary rural society, discussing the process and the significance of the villages and towns government's participation in the dispute settles at present, analyzing the functions and existing questions in the villages and towns government's dispute settles. At last, raising the concept of amplifying the system of none-procedural settling disputes, realizing the optimized disposition of the rule in the dispute settles. Realizing the villages and towns government's correct localization in the settling disputes system.The introduction partial briefly explains this study's theme and the starting point. It focuses on explaining the core concepts and Methodology analysis: In this part, the conception of "dispute" and "dispute settle" were analyzed and defined; the research achievements about settling disputes Methodology were outlined, the concept of settling disputes in the vision of Legal anthropology and "the method of countryside investigation" were introduced and analyzed in detail, and take this as one of the important theory struts in this article. At last, it delimits and argues on the basic meanings and current researching fact of the subject. On this base, it clarifies the aim, method and structure of the study.The second section of this article has two parts, in part one, there is a basic description on the present situation of rural society, on one hand, the outline of "Native Chinese" is still clear and distinguishable in countryside, being the background of rural society studies and existing tenaciously; on the other hand, Chinese countryside have already been not pure tradition rural society at present, the economical development, the state power's thorough, the population's mobile causes the disputes and the contradictions in the contemporary countryside society become more and complex. This condition has attenuated the affection of the tradition dispute resolving way and has hastened newly pluralistic dispute settling system. The second part focus on the preliminary combing of pluralistic settling disputes system and its relevant organizations. Pointed out that common participation of strengths such as folk strength, the villages and towns government and court compose the main body of pluralistic settling dispute system .Because of its relative convenient, rapid and powerful ability of organization and coordination, the villages and towns government is producing a marked effect in this system.The third section is inspecting the present situation of the villages and towns government's disputes settling. Since being beard by the mission of maintaining social public order in a comprehensive way, the pressure accepted from political achievements, dispute settling target of the villages and towns government is settling disputes in appropriately and taking precautions against the new dispute, promoting the stability of social order. Guided by this target, the villages and towns government participates in disputes settling positively through the function of Committee of public security comprehensive maintenance, Judicial institute, Basic unit law service station and Local police station. Facing massive and complex disputes, mediation and ruling are two kinds of important methods for the villages and towns government's disputes settling. The strategy of disputes settling is also nimble and diverse, various standard and strength such as custom, human sentiment, national law and individual authority are synthesis used, for promoting the speed of disputes settling. The way and the process of the villages and towns government's disputes settling have a close correlation with its status of the administrative organ.In the forth section ,the problems existing in the process of the villages and towns government's disputes settling have being analyzed deeply. Pointing out that the process is not flawless, it also has many problems. The most outstanding problems are irregularities in use of power, authority dropping, missing of functional authority, a serious of difficulties made by the villages and towns' combination. Ability and efficiency of the villages and towns government's disputes settling were suffered seriously because of the appearance of these problems, the problems also have seriously impaired government's figure which was in farmer's mind. The problems should be give rise to think highly of by all kinds of fields. Aimed at these problems, countermeasures are raised in the fifth section. Firstly, there should be a correct knowledge of position and affection about the villages and towns government's disputes settling, than insisting on right disputes settling principles, propelling administrative actions strongly on according to law , consummating pluralistic settling disputes system including folk mediation and judicatory mediation, advancing the ability of the villages and towns government's disputes settling. By the way of regulating and consummating the whole rural society's settling disputes system, make all kinds of standards producing a marked effect in keeping order and settling disputes. By the way of interconnecting and interfusing, take a service together to the process of the rural society's order forming.The last section is appendix, at this part, the process of a case of rural dispute settling is described and the details were analyzed, the dispute settling organizations appeared in this case were analyzed. The target, method, channel and strategy of the villages and towns government's disputes settling which were embodied in the case were anatomized deeply. By the way of case analysis, the argument support of it can be realized, it is helpful for us to understand the actual running condition of the villages and towns government's disputes settling.
Keywords/Search Tags:the villages and towns government, rural society, settling disputes system
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