On Private Remedy Of Earthbound Society

In contemporary earthbound China, people resolve conflicts and disputes in accordance with a wide range of rules . Conflicts between private remedy and public remedy constitute the theme of people's legal life. In contemporary earthbound China, private remedy is no longer symbols of wildness, violence, bloodiness and disorder, but also compensates for deficiencies of public remedy and maintains comprehensive management of society to ensure social stability. The superior of private remedy forced litigation the means of national legal governance translated. Private remedy should have a certain living space in earthbound community, because of high costs of litigation, tedious procedures, difficult implementation, compulsory settlement of governments make peasants lose confidence in justice and the government. We can not count on governments and society to solve everything for us. Only the parties themselves are most concerned about their disputes and right-safeguarding. In the background of justice is incompatible with earthbound community, and peasants do not trust the justice, completing private remedy is the most important strategy to broaden the farmers'demand channels. In order to demonstrate my point, I selected a small village in Yimeng Mountain, and chose there dispute settlement status as an entry point for research and demonstration. I explored the characteristics , the values and interest demands of peasants'dispute settlement in earthbound China, from a typical of the new socialist countryside. Then I come to a conclusion that private remedy is still the mainstream of earthbound China. I demonstrate the rationality of the growth of private remedy in earthbound China from cultural roots, social factors and so on. The dilemma and limitations of private remedy should be analyzed objectively. In the end, I try to build a multiple rights-relief mechanism to complete the dispute resolution of the country.The article falls into four parts, a total of 40,000 words:Chapter one is the research of private remedy of earthbound community by sociology of law with village lee as an example. I selected a small village in Yimeng Mountain, and chose there dispute settlement status as an entry point for research and demonstration. I did much detailed research on village lee about it's political, economic, and cultural conditions, that laid the discussion field for the article. I have done amounts of investigations on disputes of village lee the typical of the new socialist countryside, as well as dispute resolution condition. Through the interpretation of research data in the sociology of law, I stripped out the characteristics of disputes in earthbound community and arrived at a conclusion that private remedy still occupied the mainstream in the process of dispute settlement in earthbound community.Chapter two is why is private remedy——the rationality of private remedy of earthbound community. This chapter is divided into two sections: the first section,"the native resources of private remedy". I explore the background and causes of it's enduring in earthbound community, from it's own native advantages. Private remedy deeply take root in earthbound community, depends on it's profound cultural traditions, the broad basis of social relations, the humanistic foundation, the economic foundation and the strength of civil law as well as the weakness of public remedy etc. Section two"the function and advantages of private remedy". Private remedy welcomed to earthbound community because of fast and efficient social benefits, flexible settlement procedure, the replacement of litigation, the respect for the parties'rights to choose procedure, the maintenance of substantial justice, the promotion of civil law.Chapter three is the dilemma of private remedy of earthbound community. Private remedy is still dominantly in dispute settlement mechanisms in earthbound community, but the plight is also exist in the current legal environment. First, private remedy is still considered as a method of the dispute settlements which walks in the edge of the legal and the scale is extremely difficult to grasp. Second, the conflictions and interweave between private remedy and public remedy cause the two seriously intervened and interwoven each other. Third, There are many limitations in private remedy such as the low effectiveness, broad scope, low procedure, a lack of standard and justice which hinder it's development and progress.Chapter four is the development and completement of private remedy of earthbound community. Because private remedy sufferes so many plight and shortcomings, I propose a number of forward-looking perfect countermeasures. First, reconstruction of the values of private remedy of, earthbound community to provide theoretical support. Second, regulate and channelize private remedy by law. Local care of the civil law and provide norms basis for private remedy. Build the civil society rely on the villagers self-government organizations to ensure that the purity of the field that private remedy of earthbound community survive. Give some private remedy the legal effect to raise the compulsory force of private remedy. Third, straighten the relationships between private remedy and public remedy. The rational allocated scope between them conduce to coordinate their competitive, complementary, interlaced and combined relationship. Fourth, Make the "Mediation Law" as soon as possible to complete the people's mediation system. People's mediation system is the most important method of private remedy, so we need strengthen it's basic position in private remedy. Fifth, we should advocate maintaining the core position of public remedy ,developing the confluent social relief, and strengthening the foundation of private remedy to build a multiple rights-relief mechanism.China's construction and development of the rule of law lie in the establishment of the rule of law and order in rural areas, while the dispute settlement mechanism of rural society is the key issue to the construction of rule of law in the countryside. Thus, the realistic study of the rights-relief mechanism in contemporary earthbound China, and set up a scientific dispute settlement mechanism is extremely important to the maintenance of social stability of earthbound community, the build of a new socialist countryside, and the construction of a harmonious society.