Between The Villagers Civil Dispute Resolution Mechanisms Investigated

The mechanism conception of resolving civil disputes is the system composed all mutual-interacted procedures, which designed for resolving civil disputes. The consummation system has positive influence on the solving disputes and the maintenance of social order.Most population of China is peasant, and in countryside, the civil disputes has its own characteristics which caused by the historical and realistic factor's influence. So having a clear conception through inspecting the countryside's mechanism conception of resolving civil disputes has certain positive social significance. Through the way of legal text analysis and the practical investigation, this article takes a Hakkas aggregation county as the inspection object, in order to promulgate the present situation and its own characteristics of the mechanism conception of resolving civil disputes between the peasants. The text is divided into four parts, as following:The first part is the introduction. The main purpose of this part is to illustrate the social norms, which about the maintenance of social order and mediation of civil disputes, are not only national laws but also the civil society norms constructed by social customs and social habits. Firstly, the author gives a brief description about the mechanism conception of resolving civil disputes and the function of resuming socail order, and then he makes a comment for manners of the four recognized civil disputes in the academia of China. Subsequently, the author analyzes the rural social norms of Chinese civil society, and especially focuses on the reasons for the advanced development of the norms of civil society in the rural areas and also including its features.Second: Analysis of the dissension settlement of Hakka villagers' civil disputes. This part is the summarized of author's field visits. I selected the three Hakka representative of the village to visit, questionnaires and analysis of selected cases in the form of this survey, done a survey summary of the local villagers among the types of civil disputes, disputes the frequency and the choice of dispute resolution method etc. Divided by the disputes reasons as the standards, the local villagers major civil disputes are on the ownership of a proprietary right, debts and disputes, violations of human dignity and social customs dispute triggered by conflict between neighbors. The survey shows that in the Hakka areas, the frequency of villagers and the villagers' civil disputes is very high, and usually takes place in between the neighbors and relatives. Survey results also show that in the Hakka areas, villagers and civil disputes occurred between the villagers, their first solution is self-help, consultation, then come forward village cadres for third-party mediation. At the same time, the results also show that the villagers are still relatively unfamiliar to the use of civil proceedings to settle civil disputes, most of the villagers in the dispute don't like to using litigation to resolve disputes ,or go to the court immediately after the prosecution,Analyzing each of the five cases by way of self-help , village cadres' mediation and litigation, the author attempts to portray the contours of the settlement mechanism about civil disputes between local villagers . Simultaneity, the author analyses the judge's role played during the lawsuit, and considerers that the judge must have to depart from the role of the modern judge in the rule of law society in order to make a good social effect on resolving civil disputes in rural areas.Third, the analysis of the elements affects Hakka villager's settlement of civil dissension. In writer's opinion, it's the self-protection instinct that stimulates the party taking self-help action to solve the dissension first. And in villages, it has a saying "A local government official is an authorized." Because of the saying and the change of the village society experience, the local official is the first people the parties turn to. This part focuses on analyzing the reason of bafflement for villagers to lodge common pleas .In writer's opinion, the main elements that affect villagers lodging common pleas are: the level of villagers' awareness and acceptance of laws; the traditional thoughts "peace is precious" and "no litigation"; the level of villagers' awareness of the validity of litigation to solve the dissension and the material and mental cost for litigation.Fourth: establish a system for settlement of village's dissension. This is the conclusion for the thesis: A effective system for settlement of village's dissension. It should be fit fo the party's actual need and the characteristics of the dissension simultaneously. After a series of analyses, we can naturally obtained the fundamental way of settling the disputes between villagers. The modern law is generally suitable for the industrialization society, and they maybe push the relationship into enharmonic, which is not favor of the social order when they are used to settle the disputes between villagers, although they can do it from the legal relationship. At the same time, the lacks of law knowledge and weak awareness of the rule of law hinder the litigation system for resolving civil disputes between villagers to be the principal way.With response to these situations, it is very important to construct a mechanism of resolving civil disputes, which happen between villagers, meeting the demand of the civil disputes' characteristics and the villagers' demand. I think that, from Japan and other Western countries in dealing with domestic disputes with the special procedures, for rural villagers civil disputes between , we can set up a specialized mediation Chambers in the courts at the grassroots level, and implement the divers mechanism of resolving civil disputes between villagers leading by the people's mediation and special court mediation.