The Study Of Multiple Resolution Mechanism For Social Contradictions

In the process of our country modernization, new social problems emerge constantly andsocial contradictions show a high incidence of the situation with the deeply revolution of ourcountry economy system and the society stepped into a transitional period. However, all kindsof present approaches for social contradictions cannot form an effective mechanism which isbenign interaction, functional complementation, procedure connection and mutual support.Starting with the macro basic prerequisites and the micro concrete system construction, thethesis suggests some strategies and recommendations to construct multiple resolutionmechanism for social contradictions which fits our social transformation. It is a significantsocial meaning for the construction of steady social development environment andharmonious society. At the same time, I put the construction of multiple resolutionmechanism for social contradictions into the field of administrative law study. And itillustrates my study content permeates and connects with other legal research such as civil andprocedural law, which also has certain theoretical meaning to enrich the theories ofadministrative law.This thesis describes the nature of social contradictions and confirms the fundamentalconnotation of multiple resolution mechanism. Starting with the present situation of ourcountry social contradictions in the transitional period, I state the current situation of fourtypical resolution mechanisms in terms of lawsuits, mediation, arbitration and administrativemanagement, and deeply analyze those grave weaknesses in our country existing resolutionmechanism for social contradictions. In addition, connected with our social contradictions’backgrounds, I carefully investigate various deep change in the transitional period, thus it isenough to certify the objective needs to improve our country current resolution mechanismfor social contradictions.The thesis stresses to inspect advantages of the representative special ADR legislation ofAmerican, the administrative tribunal of England, and Germany taking the coercive apparatusas the prepositional procedure, connecting with the concrete actual conditions of our countryconstruction for current resolution mechanism of social contradictions. Meanwhile, I proposethat our country should learn foreign advanced experience. The thesis puts forward several related strategies and recommendations from the aspectof macro basic prerequisites and micro concrete system construction. Two macro basicprerequisites update in ideas and standardize in systems. Updating in ideas includesestablishing the ideas of limited justice, diversification and autonomy, while standardizing insystems come up with reforming the lawsuit systems, improving the alternative disputeresolution and make a benign connection between them. As to improving the micro concretesystem construction, I choose mediation, arbitration and administrative management, threeimportant alternative dispute resolutions, to analyze. In the study of improving mediationsystem, I describe the systems of court mediation, people’s mediation and industryorganizations’ mediation respectively. From my perspective, court mediation should make itseparate from the trial, and make the judge correctly use his interpretation power; People’smediation should emphasis the perfection of constructing the connection with judicialprocedure; Industry organizations’ mediation should intensify the trade self-regulation andresolve professionally based on the industry-standard construction. The main point ofarbitration system is correctly to fix the relationship between arbitration and court, and toenhance the interior construction of arbitration system. To perfect administrative adjudicationinstitution, we should make a clear about the judicial nature of administrative adjudicationand the independent legal position of it, and pay attention to the design of benign connectionsystem between the administrative adjudication and lawsuits.