Legal Study About Mass Incidents

Owing to the reform and opening-up policy over the past 20 years, the economic construction of our country develops in a sustained, fast and healthy way, which has made the achievement attracting worldwide attention. Politics, economy, culture, democracy, legal system, and the living standard of common people all have sizable improvement. But with the constant deepening and development of the economic system reform and political restructuring, the adjustments of interest pattern for each stratum of the society polarize fiercely, and at the same time, various conflicts and unstable factors stand out. Under such circumstance, the mass disturbances increase gradually, and become an important factor influencing the social stability under this new historical condition of reform and opening-up. How to effectively prevent and properly handle the mass disturbances have become a great challenge facing our governments at all levels, and which should be attached great importance to for a certain period of time in the future.This paper begins with the deep analysis of the category of mass disturbance from the aspect of its definition, classification and features. Based on the accurate explanation of the mass disturbance, the relevant causes will be analyzed in terms of the ruling of law. The imperfection and missing for certain laws and regulations, the inability of governmental department to administer their duties according to law, and the unsmoothness and the high cost of the poor access to judicial relief turn out to be main reasons leading to the mass disturbance. In the following part, all sorts of problems in handling mass disturbances existing in our country are analyzed, such as the deficiency of the legislation, the improper enforcement of the law, the inability of the judicial authority to play their role in preventing and handling mass disturbance and so on. And also this paper also introduced the relevant foreign theory and practical experience in handling and preventing mass disturbance. Finally, the author put forward his own suggestion and assumption about preventing and handling mass disturbance:first, specialized laws of preventing and handling mass disturbance should be made and the relevant legislation should be perfected; second, administering by law should be implemented and the standardized enforcement of law should be advanced; at last, the judicial reform should be promoted and the role of judicial authority should be played fully. Only through the legal mechanism could mass disturbance be dissolved and handled fundamentally, and it is real way to reach a harmonious society.