Study Of The Diversified Resolution Mechanism Of Civil Disputes

The study of diversified resolution mechanism of civil disputes is a hot as well as a difficult subject widely catching eyes of current legal community.The present thesis, based on the results of previous studies,starting with the situation of grass roots and resorting to the means of statistics and case study,tries to made a through analysis from both theoretical and practical aspects on the following problems:types of disputes in grass roots,current situation of dispute resolutions,main disadvantages,design of system, function of the courts and the managing scheme of mechanism.The thesis has about 32000 words and is divided into five parts:Partâ… is about the grass roots' current situation of civil disputes and the resolution mechanism.In this part,the social conflicts of grass roots are described and classified firstly,and then the resolutions currently available are analyzed.Partâ…¡is about the source of the downside of the current resolution mechanism. Firstly,the current mechanism is troubled with such problems as high cost,low efficiency and poor results.Secondly,the ADR is either wanting or backward and there is. no uniform program for the guide of disputes,sorting and transfer of cases and the assignment of charging power.Thirdly,the currently applied "triangle" mechanism is not functioning effectively in filtration and supervision.Lastly,as a result of major problems such as useless procedures and waste of resources,an harmonious and effective mechanism in which different resolutions can express their strong points and function jointly has not yet been established.Partâ…¢is about the positive analysis of the diversified resolution mechanism applied by courts of two levels in Weifang.Firstly,the reasons of reform are explained. Secondly,the basic resolutions were introduced.Thirdly,the achievements achieved until now are described.Lastly,some comments are made on the currently applied mechanism. On one hand,the system of interests-coordinating mechanism,claim-appealing mechanism,conflict-solving mechanism and right-protecting mechanism has been established effectively to settle social disputes as a result of the creative combination of different means of propaganda,mediation,penalty and judgment.On the other hand,the system is also subject to certain objective conditions and the ADR is in lack of supervision.Partâ…£is about the theoretical basis of the diversified resolution mechanism of civil disputes.In this part,the discussion is made on the reference to the domestic and overseas experiences of ADR.The author expresses the opinion that the diversified resolution mechanism of civil disputes refers to the diversification of the following three aspects:institution establishment,procedure design and charging body.Partâ…¤is about the designed approach to diversified resolution mechanism of civil disputes.In this part,the author,through the analysis of guiding principle,system establishment,operating principles and practical model,expresses the idea of establishing a diversified resolution mechanism of civil disputes under the leadership of Party committee of different levels,featuring multiple charging bodies,various means, coordinated and harmonious system,sorting and transfer of cases,exchange of information and simultaneous supervision.