A Study On Legal Countermeasures For Prevention And Disposition Of Group Incidents

In the course of social structure adjustment and economic system reform, conflicts of interests are conspicuously aggravated and group incidents occur frequently, which becomes a disharmonious note in the construction of a harmonious society. As for the study of group incidents, we not only have to know their characteristics and tendency, but we should pay more attention to the prevention of group incidents and legal problems arising in dealing with such cases. Corresponding countermeasures should be proposed, which enable us to handle group incidents according to law instead of administrative will. Then, not only can we guarantee the people's democratic rights, but we can also maintain the social stability and facilitate the construction of the harmonious society.Besides foreword and conclusion, the main body of the dissertation is divided into four chapters.The foreword points out that we lack holistic legal countermeasures for group incidents. Any improper disposition is sure to influence the construction of the harmonious society. A study on it is therefore very necessary.Chapter One—An investigation of the status quo of group incidents in Fujian Province. This chapter generalizes the basic characteristics of current group incidents. Considering the general point of the dissertation and the convenience to expound, on the basis of the realm of social relations where group incidents happen, group incidents are divided as follows: those born and developed in private rights domain; those born in private rights domain but developed in public rights domain; and those born and developed in public rights domain.Chapter Two—Legal orientation of group incidents. This chapter explains the concept of group incidents, defines the political term "contradiction among the people", refutes "the emphasis on tough administrative measures" or "giving way to avoid trouble without any principle", and points out misunderstanding existing in present group incidents. Meanwhile, the chapter elucidates that the legal attributes of group incidents can boil down to two fundamental rights and duties of citizens, that is" right of petition" and "joint action right". Chapter Three—Legal problems in the course of preventing, mediating and disposing group incidents. This chapter analyzes legal problems occurred in different phases of preventing, mediating and disposing group incidents, laying special stress on differentiation and analysis of legal problems existing in mediating group incidents such as land requisition and relocation, collective environmental pollution.Chapter Four—Legal countermeasures for handling group incidents. This chapter puts forward approaches and measures to solve related legal problems of group incidents at different phases and suggestions and conceived ideas on perfecting special legislation on disposing group incidents.The conclusion reviews the general thinking path of the dissertation, and frankly states the dissertation's imperfection.