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Big Mediation Pattern Liangshan Yi Nationality Area De Gu Significance And Regulation

Posted on:2011-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:L D B HaiFull Text:PDF
GTID:2236330368477142Subject:Law
Abstract/Summary:PDF Full Text Request
Our country is in the social transition period, a particular historical stage, this period is golden opportunityof economic and social development, and frequency of social contradictions, the people’s court trying to comprehensively constructing a multivariate dispute big work system, modern judicial system is exposed its drawbacks:litigation undertakes, judicial efficiency is low, the judicial organs, expanding the litigation cost more and more high, caused many negative social effect. Yi’s ancient system of society in yi to run the hundreds years, has good reliability and impartiality and social effect. The emphasis in yi’s the reality of the function and not advocate the ancient custom and in Germany, but instead of national legal mediation in Germany and the way of mediation of ancient based on how to use the tradition’s resources, for today’s legal construction service. So we might as well, the study’s phenomenon, which draw nutrition service mediation model in modern society.National laws shall not have traditional legal modernization construction and the rule of law is the simple, instead, they should be opposite in the process of modernization, play a positive role. Many of the region’s liangshan yi ancient gradually into the party and government and the court mediation of big, the traditional pattern of legal functions into legalized track, meanwhile, gives the children’s new status, their new responsibilities in solving disputes is always looking for the intersection of two kinds of legal system. In the development of society, liangshan due to the ancient mediation by rules in non-litigation law and law of flexibility, the conflict between the two so relieved, the social basis of the integration so slow to establish, meanwhile, yi district party’s specific requirement also can be diversified. On the other hand, the modern rule of law in the establishment and development of yi is a gradual process, may not come easily. Therefore, importance and use of traditional folk growth, rooted in the ancient mediation system, Germany builds the rule of law is sustainable development" and settle disputes promoting a harmonious society of special significance. Liangshan folk mediators, jury team now has become a force for big mediation new vigor into the work. How will the ancient big mediation system in mediation, and people’s mediation, administrative mediation, become connected to an important subject of study.
Keywords/Search Tags:multipartite mediation mechanism, De Gu, regulation
PDF Full Text Request
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