Research On The Community Magistrates In The Diversified Dispute Resolution Mechanism

In the social transformation of our country, faced with a change inthe pattern of interest, economic system reform, the ideas of change andchanges in social structure, with all its contradictions and disputescontinue to emerge, the evolution of cases continue to bring togetherto the people’s court.To solve the problems of the litigation explosion of grassrootscourts, discuss from the smallest unit of society–communities isnecessary. Community is the basic unit of social organization, only thatit has a good order to ensure social harmony. However, structural changesin the population of the community, the obvious trend of an agingpopulation,the flow of the growing population and exacerbate theformation of different interests, the Community shows the contradictionof the diverse and complex, community residents and property companies,community residents and community between the contradictions of the unitand the community residents, these disputes have been beyond the pastfamily disputes, the range of neighborhood disputes and the traditionalsingle mode of dispute resolution can not achieve the desired effect ofthe governance community. Under the influence of the “Mediation moderate socialization”,community not only for judicial adhere to neutrality also look forwardto the case of knot things, and hope that the administration of justiceto the masses, and a more proactive to meet the judicial needs of thecommunity mass. Many of our grassroots courts in order to better resolvecommunity disputes and conflicts, innovative social managementmechanism, have set up a “community judges” systems and mechanisms.In this paper, through comparative, investigation, and literature tostudy of the theory and practice of the current practice of communityjudges examine. The full text is divided into five chapters.The first chapter is an overview of the community judge. This chapterleads to a Community judge by the Yangpu District, Shanghai, after thecommunity judge to define the composition of the community model ofjudges on the basis of this analysis were investigated, and finallyestablished the value orientation of community judges.The second chapter is a system of community judges with foreign AComparative Study. This chapter by the community of judges andmagistrates system in the United Kingdom, the United States, Canada andFrance to compare, analyze the same point as well as differences of thesetwo systems, which draw inspiration for our community judges theExperience.The third chapter is the community judge the value of the mode ofanalysis. This chapter first described the concept of community disputes,features and solutions, and then introduced the role of community judgesin the process of solving community disputes and the community of judgesand traditional dispute resolution compared to existing advantages.The fourth chapter is the analysis of the mode of expansion ofcommunity judges. This chapter starts with the community judge for extension of the necessity to begin the analysis, and then thefeasibility of expansion of community judges’ mode.The fifth Chapter is the mode of community judges. This chapter bythe mode of the scope of supporting mechanisms and system for theestablishment of community judges.This paper try to build a new community dispute resolution mechanismand offer suggestions made. The concept of justice for the people,sinking some judicial resources with the community, and will combine thefunctions of the department of community and the courts, making theformation of a wide range of prevention and the work platform to resolvesocial conflicts in the community, community disputes to resolve in thebud. However, such related systems is in its infancy, Therefore, inpractice, constantly find problems and solve problems, and strive to makethe system better. Harmonious society is not a contradiction to thesociety, but rather to resolve disputes in society, the establishmentof an effective dispute settlement mechanism, is critical to buildinga harmonious society. Exploration of community judges is just thebeginning, relative to the major goal of building a harmonious society,only a very small subject, but also need our continuous efforts.