Study On Dispute Resolution Mechanism Of Rural Areas Based On Development Of Community

With the development of harmonious new rural community, the issues of how to solve various disputes and by what means to deal with these disputes have been put on the agenda, aiming at providing better services for rural residents. Nowadays, the construction of new socialist countryside is implemented rapidly. Meanwhile, the occurrences of various kinds of disputes and their aggravation possibilities show an upward trend. The relevance, collectiveness and sensitivity of disputes are also on the rise. The disputes are also characterized by their diversification, group feature and so on.The dispute resolution mechanism is the core content of legality development in rural areas. It is also of great significance to protect the right of individuals, maintain the order and promote the harmonious development of society. The construction of multi-resolution mechanism of rural disputes firstly complies with the general reforming and developing trends of the times. Secondly, it complies with the overall requirements of the building of well-off society. Finally, it meets the practical needs of flexibly solving disputes according to local conditions.We should be correctly aware of the features and patterns of rural disputes in the new situation, restricting the disputes and conflicts within controllable range. It calls for properly exerting the effects of rural community construction and probing a multi-resolution mechanism for rural disputes. The combination of litigation means and non-litigation means can be realized, thus making various resolution approaches available for disputes. These various resolution approaches can be supplementary and combined with each other, thus enhancing the effectiveness and rationality of dispute resolution and promoting the harmonious development of new rural community. The combination of various resolutions is also an intrinsic requirement of constructing the socialist harmonious society.In this research, the relative theories of solving rural disputes are summarized. And the author viewed the concept of the right of existence, the concept of the right of development, the concept of the right of community development and the concept of harmony as the theoretical basis and logical grounds to construct the dispute resolution mechanism in Chinese rural areas.The rural community is viewed as the platform for dispute resolution. The economic interests, cultural interests, social interests and legal interests are employed to grope the multi-resolution mechanism of disputes. The new concept for further innovation of multi-resolution mechanism in rural areas is put forward.A systematic and comprehensive analysis is conducted on the resolution mechanism of rural disputes from various angles. It helps to attain the legalization of multi-resolution mechanism of rural disputes. It also provides the construction of harmonious society with research foundations, including a series of comprehensive, coordinate and sustainable multi-resolution mechanisms.This dissertation conducts analysis by taking the field survey of Hubei province as an example. The typical and representative nations' dispute resolution mechanisms, such as United States, Japan and India, are referenced to drawn experiences and lessons. Afterwards, the multi-resolution mechanism of rural areas, which is suitable to Chinese rural situation, can be summarized based on the development of rural community.The right of community development is acted as the starting point. The development platform of rural community is acted as the foundation. A multi-resolution mechanism, which is suitable to Chinese rural situation, can be groped in the specific circumstances, cultural and educational backgrounds of rural areas. The community's linkage, the organizational structure of community and the right of development can be used. The multi-resolution mechanism of rural disputes can be included into a large system of dispute resolution with respect to legislation.Based on the platform of rural community, the supporting systems, such as the reconciliation system, mediation system, arbitration system, litigation system, early warning system and linkage system in different places, can be improved.The theoretical rationality, empirical feasibility and judicial security can be pursued. By re-recognition of multi-resolution mechanism of rural disputes and reasonable convergence of litigation and non-litigation mechanism, the new system can be innovated. It helps to improve the harmony of community.