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The Anaysis On The Current Situation Of The Resolution To The Rural Civil Disputes

Posted on:2009-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:D AiFull Text:PDF
GTID:2166360278971076Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the aim for new socialist villages and a harmonious society, people are getting more and more concerned about the situation of the rural disputes. Indeed, the resolution to civil disputes is one of the basic criteria of the social stability. With the development of open-door and reform process and the adjustment of social relationships, rural disputes are on the rise and on the worse. However, the poor workings of the resolution system of rural disputes have led to people's increasing appealing to the higher authorities for help, and even serious criminal cases, with a great waste of enormous social capital and great harm to the stability of the society . Base on practical research, this paper will expound from the angles of rural disputes, resolving subject and resolving methods, and attempt to answer the questions of what to resolve, who to resolve and how to resolve. Frist of all, it analyzes the basic patterns and the main characteristics of the current rural disputes so as to fully understand the basic rules of the disputes. Secondly, on the basis of data and information from surveys and talks in the rural, this paper tries to find out the working of the resolving subjects of rural disputes, and to analyze reasons for the choice of the resolving subject, thereby understanding the nature and capability of every resolving subject and the recognition degree of the farmers to the resolving subjects. Last, with the theory of Torstein Eckhoff, a law expert from Norway , as the framework, it attempts to classify all the disputes into three basic forms: trials based on the facts, mediation and administrative management, and to profoundly analyze the operating conditions of three resolving methods and accurately point out the practical operating conditions from the field research. And on top of that, it attempts to find out some problems and flaws in the process of the actual cases through the comparison between the Should Be Status and the Will Be Status. Furthermore, it tries to analyze thoroughly every cause for the current situation in combination of theory and practice and find out some resolutions to the problems above.
Keywords/Search Tags:rural disputes, resolving subject, resolving methods
PDF Full Text Request
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