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From The System Point Of View To Study The Building Of Pluralized Dispute Resolution

Posted on:2010-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2166360278997043Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the development of human society at any stage, which have adapted to the existence of a dispute settlement mechanism. The more complex society, a way to resolve the dispute, also means the more abundant, so a wide range of dispute settlement mechanism. Through the use of the system as a whole, and the level of structural point of view to analyze the dispute settlement mechanism, to more clearly see the current dispute settlement mechanism to the problems and find reasonable ways to solve the problem and methods.On the system from the point of view, the dispute settlement mechanism is a system of the rule of law is an important element of the rule of law can not be separated from the establishment and development of a dispute settlement mechanism to ensure social stability and rank. At the same time, the rule of law system for dispute settlement mechanism to provide energy and material basis for large-scale systems and subsystems between material, energy and two-way information exchange. At the same time, the dispute settlement mechanism itself as a system exists to resolve disputes in a variety of ways it is an integral element of the dispute settlement mechanism of the system as a whole functions and advantages in its various elements of the organization and functions of the co-operation between each other.Diversity is a dispute settlement mechanism to resolve disputes in a variety of ways with its specific features and characteristics of mutual co-ordination and co-exist, to form a complementary and meet the diverse needs of the main system and procedures for the operation of the dynamic adjustment System. The system is complex and ever-changing development process, it is necessary to enable it to continue to develop and improve, it is necessary to understand and grasp the development of its power system, the system needs to comply with the principles and adhere to the concept of the system. The core of the system is not more than, but more in an orderly manner, to play "as a whole greater than the parts" of the advantages of the system.At present, China has formed a dispute settlement mechanism as the central, non-litigation dispute settlement mechanism as a supplement of a wide range of dispute settlement mechanism, but failed to form a coherent whole organic, non-settlement mechanism of First Instance of the way, the proceedings And non-litigation between the lack of the necessary convergence. Various types of dispute resolution mechanism for their outstanding array of phenomena, resulting in inefficient to solve. Not entirely clear the subject of dispute resolution division of labor and responsibility, with the result that the main buck each other, do not resolve the dispute in a timely manner. As the system determines the structure of the system, and the diversification of the dispute settlement mechanism to resolve disputes with all manner of convergence and coordination between the systems is reflected in the vitality of the system to protect the normal development of the key. As a result, the establishment of a wide range of dispute settlement mechanism, both within and outside the action to achieve the various functions of the mechanism to resolve disputes among relief, organic convergence and integration of diversified construction dispute resolution is an inherent requirement of the system.
Keywords/Search Tags:dispute, resolution mechanism for disputes, Pluralized dispute resolution, system jurisprudence, system theory
PDF Full Text Request
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