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Research For Township Government Involvement In Rural Integrated Dispute-Settling

Posted on:2012-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhangFull Text:PDF
GTID:2216330338471555Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Township government involvement in Rural Integrated Dispute-Settling Mechanism refers to a pattern which can have an effect on defusing the major dispute and properly preventing disputes by township governments participating into the dispute resolution through functional department or government-lead mediation and thus shunting the disputes in rural district on the background of building a new socialist countryside. Currently the study on the legitimacy of the township government involvement in Rural Integrated Dispute-Settling Mechanism is inconclusive and relatively less in the academic circle. Author tried to start the study from the township government involvement in rural integrated dispute-settling mechanism, and research the legitimacy of the involvement, analyzed the main problems in the current practice, then found a way to improve the township government involvement in the rural integrated dispute-setting further, and make the involvement playing its role further.The first section presents the rural integrated dispute-settling and township government involvement. The Rural integrated dispute-settling mechanism is independent and localism in application of rules, it needs some special conditions, and requires to establishing a team with high comprehensive quality learning about the psychology of the local people, it requires a combination of physical geography, human geography, regional economic factors to resolve the disputes, it also should pay attention to the combination of national law and nongovernmental law in the use of the Rural integrated dispute-settling.The second section analyzes the legitimacy of Township government involvement in the rural integrated dispute-settling mechanism. Through analyzing the jurisprudence legitimacy and practical legitimacy, reach a conclusion that the township government involvement in the rural integrated dispute-settling mechanism is with legitimacy. The practical legitimacy mainly reflects in the following aspects: the public belief in the capability of township government resolving the disputes, the public confidence in the government staff, the functional requirement of township government involvement, and the obviously effects of the township government involvement in the dispute resolution.The third section makes brief introduction of the role of township government involvement in rural integrated dispute-settling by analyzing an overview of the township government involvement in rural integrated dispute-settling. Through the analyzing on township government involvement in rural integrated dispute-settling mechanism, it introduces the patterns of the township government involvement and the resolutions mainly including functional department involvement and government-lead mediation by using the typical cases such as industrial injury disputes and group disputes. Although the township government involvement in the dispute resolution plays a big role, there are some problems: firstly, the township government abuse its power and thus its authority; Secondly, the function of township government's own participation in dispute resolution is inadequate; thirdly, the range of township government involvement of dispute resolution is not clear; fourthly, other forces affect the township government resolving disputes in a certain extent.The fourth section is about the perfect of township government involvement in the rural integrated dispute-settling mechanism. For the problems, we propose the following improving suggestions: further enhance the involving function of township government in the dispute resolution; make it clear that the township government involvement in the dispute resolution is official and effective, and setting the professional platform handling the dispute cases; improve the overall quality of the township government staffs in resolving disputes.To this end, through the analysis and research on the new rural integrated dispute-settling which township government participated in, author hope the paper can provide some suggestions to the career of building new harmonious socialist countryside.
Keywords/Search Tags:Integrated Dispute-Settling Mechanism, Township Government Involvement, legitimacy, Countermeasures and suggestions
PDF Full Text Request
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