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Empirical Study On The Basic-level People’s Court Dispute Resolution Mechanisms

Posted on:2013-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhangFull Text:PDF
GTID:2246330371993221Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The grass-roots people’s court of judicial relief "confrontation" of its dispute resolution mechanism for people to have interest in research thinking? First, the "uniqueness" of grass-roots people’s courts of the grassroots people’s courts to resolve disputes in the judicial practice, the "flexibility" and "habitual" is impressive;, judicial theory (in this case issued by the State law is direct instructions) in the provisions for crime, the real state level judges handling the case of "different" is impressive;, grassroots judicial dispute resolution, the public arising from the dispute itself rules to understand the "difference" is impressive. System analysis framework, the method of action and mental activity, the status of contemporary Chinese grass-roots judicial dispute resolution system and the judges and the public on settling disputes arising from the reaction, the general theoretical framework for dispute resolution, dispute solve the running track, the function of judicial dispute resolution, dispute resolution contradictions reflect on four aspects of discourse, and finally the existing grass-roots people’s court dispute settlement mechanism for the contribution to the cause of China’s rule of law, some people think about reform. Introduction to research questions and research background gave a brief explanation, and the introduction of the theoretical framework of institutional analysis and action research methods.The first part of dispute resolution path to go to grasp the general theoretical basis for dispute resolution, starting from the origin and nature of dispute resolution, analysis and summarizes the dispute resolution mechanism of the general type and mode.In the second part of certain people’s courts in legal practice as a frame of reference, objective and detailed description of all the trajectory of a grass-roots people’s courts run.The third part is to proceed from the functioning of justice, why the present state of the "social effects" of the grassroots judicial first place at the same time to reflect on the part of the long-standing jurisprudence (especially of academics in the field of research and grassroots judicial) to worry about problem.Fourth reflect grass-roots judicial disputes to resolve functional basis of an instance, especially in the primary administration of justice process reflects the incompatibility of Law and grass-roots social habits to further explore the civil habits in judicial disputes solve the delicate role to play in the process. Also, the concept of a cause for concern that the current judicial practice of the Chinese grass-roots spirit of the rule of law concept (specifically referring to national legislators in the statute) should be run through in the hearts of the people, let deep-rooted, grow.
Keywords/Search Tags:Grass-roots people’s courts, Dispute Resolution, Social effects
PDF Full Text Request
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