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Research Of Seed Dispute Resolution Mechanism

Posted on:2013-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhuFull Text:PDF
GTID:2246330374478905Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In our country socialist market economy system, seeds not only bear the general merchandise to meet people’s daily agricultural production demand functions, even with the national food security, social stability as well as the legitimate interests of farmers related. Seed dispute resolving seed is the important part in management, work will have a direct relationship to safeguard the legitimate rights and interests of the farmer, handle not easily triggered mass incidents. At the same time, our society is in a transition period, the diversity of economic interest also makes seminal dispute gradually grow in quantity, species diversity, which is very complicated and other new characteristics emerge. China’s traditional seed dispute resolution mechanisms are not completely adapt to the transition period of seed disputes in the new situation, should from aspects of adjustment and reconstruction.Based on a variety of reasons, in seed disputes to resolve, we must take into account the rural society and the special nature of the actual characteristics, make full use of the traditional resources, use of alternative dispute resolution mechanism and effective role, but also fully understand the new era of national judicial reality, the perfection of the judicial system, realize the litigation and non-litigation dispute resolution effectively and the benign interaction, the final construct to judicial proceedings as the last safeguard seed diversified dispute resolution mechanism. The study in this way, in order to avoid seed disputes, the protection of the parties legitimate rights and interests as the starting point, pay attention to empirical investigation, in the analysis of seed dispute current situation and on the basis of the basic theory, through to the domestic and foreign seed dispute resolution mechanism comparative study, combining the reality of our country, the seed of diversified dispute solution mechanism the construction was focused exploration.First of all, through empirical investigation and case interview method, to Hubei Province vegetable seed dispute case on dispute of our country seed and its solution to the current situation is investigated, mainly from the seminal dispute types, characteristics, causes and functions of several aspects of the analysis, but also focus on the existing seed dispute settlement and influence dispute settlement mode selection factors, and on the basis of empirical study has analyzed our country seed dispute resolution mechanism in existing dilemma.Secondly, focus of the study in the United States, Britain, Japan, Germany and other countries on behalf of the foreign seed dispute settlement mechanism in the practice, through to the domestic and foreign seed dispute settlement mechanism development and practice of the comparative analysis, find out the difference of our country and abroad, thus a concise structure of our country seed dispute settlement mechanism of experience and enlightenment.Again, in order to remedy market regulation theory, theory of freedom, right to development theory, the theory of social conflict, social harmony theory and public policy theory to construct our country’s seed diversified dispute resolution mechanism in theory and logic starting point, put forward compose to build diversified seed dispute resolution mechanisms important guarantee and the basic concept.Finally, in the construction of diversified dispute solution mechanism of seed how to realize the main function, method of multivariate and interactive mode of innovative and rules to multiple coordination for the perfection, final implementation seed diversified dispute resolution mechanism in benign and sustainable development, maintaining social harmony, stability.
Keywords/Search Tags:Seed disputes, Dissolve a mechanism, Alternative dispute resolutionmechanism, Incentive mechanism, Prevention mechanism
PDF Full Text Request
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