The Research On The Dilemmas And Positive Mechanism Construction Of Mass Cases In Case Judgement Of The Court

China is now in the period of social transformation, with many complex contradictions, and it is a period of mass cases happening frequently. The proceedings of mass cases become difficult work for the courts. As the last fort of social justice, handling mass cases appropriately is of vital importance to government reputation and social harmony.Mass cases in China fall into the following types:mass cases involving rural land, mass cases triggered by house dismantlement, mass cases caused by labor disputes and labor contracts, environmental pollution mass cases triggered by industrial development, mass cases triggered by commodity premises sales and purchase and estate management, mass cases triggered by securities market, other large-scale mass cases.Mass cases in judicial area show the following characteristics:the mounting increasing trend of the quantity of mass cases; the extensiveness of contradictions, more case fields involve; bigger social impact; contradictions easy to stoke; more difficulties for the proceedings of cases. There are many dilemmas faced by the courts when juding a mass case:limited resources but increasing quantity of mass cases; pressure from both public opinion and political will; judicial limitations and variety of mass cases appeals; the proceedings hard to match the efficiency demand of mass cases; hard to execute the judgement.In order to better judge mass cases, it is necessary for the courts need to construct positive mechanism. When judge a mass case, the court should appropriately handle the judicial justice and social stability, should fully understand the contraditions between the rule of judicial judgement and mass cases appeals, should distinguish different types of mass cases and handle them with flexible measures. When proceed a mass case, following rules should be obeyed:mediation as priority; preferential policy for disadvantaged groups on the basis of judicial justice, information disclosure and public trial, organic unity of record, judges and execution. When try a mass case, the court should construct proper guarantee mechanism, regulate trial system, probe diversified judegement methods, form the mechanism to solve the mass cases via different channels.