Improve Our Civil Action To Prove Hinder Probe Into The System

The whole society has moved into an unprecedented big changing period since the thirty years' reform and open to the outside world policy, every aspect of the society is in the transformation period. As the traditional closed society, the countryside is also involved into this process involuntarily, thus the contradicts and interests conflicts of different interests become more and more obvious, as well as the rights awareness and the appeal. One of the most important feature is that the mass disputes in the countryside becomes more, it even begins to affect the stability of the society. This has arisen the great concern from both the Party and the Goverment, as well as the interests of many scholars.This thesis is formed under this background, Based on the mass disputes cases which have been collected through many investigations in the countryside, it tries to use the mass dispute solving as the basis, and uses the sociology law to analyse the problem. It also integrates Weibo's type study methods to the collected cases to hipping the solving methods of countryside's mass disputes, and to abstract three solving patterns:private relief pattern, government dominant pattern and the mass appeal pattern. Then the thesis analyses each pattern together with the cases and reveals the forming theory, applied limitation and the develop trend of each pattern and makes a brief summary of the pluralism solving patterns to the countrysides's mass disputes in the last.This thesis analyses the "cannot help but" of the choosing of private relief pattern. In the face with fuzzification and unrational of the rights division in the traditional mass disputes, the laws seems useless and awkward, so the government decides to make a rational retreat.The private relief becomes legalisation because of the public relief's out of work, but it also arises the difficult situation of the contrast of power.This thesis mainly focus on the analysis of the government dominant pattern. The forming reasons of this pattern lie in the four key facters:first, the drive of government's interests owing to the attraction or bidding of investments from overseas, second, the target examining system under the pressure type system, third, the route rely on the all-powerful type government, and the last reason is the condition deficient of the replacable solving pattern. The rational point of this pattern lies in the need of the government's dominant to the development of the society's econemy and the government's powerful sovling ability,while the side effects of this pattern are the just is hard to assured and both the predictable and the certainty of the rules protect rights and benefits are lowered down. At the same time, this thesis points out that there are three methods to reduce its side effects:the perfection of countryside's mass interests'express way, the adjust of the government's target examning system and the construction of the service type government of the contryside.This thesis also analyses the mass appeal pattern, it holds the view that this pattern becomes a possible choice because of the solving methods of daily law cases and drive of law awareness of the welcoming of the law to the countryside, however, with the problem of the politicalize of the law, the problems of multi-centers and the conflicts of different interests are hard to accomplished, that's where the limitation of the law exists.