The Dispute Of Urban Community And Diversified Resolution Mechanism

This paper carried out in the following context:Urban community of China is mainly set by the government through policy and law, and shows a wide range of samples in residents’structure. Except legal disputes, community disputes also include non-legal disputes, and are mainly embodied in neighborhood disputes, group disputes, and composite disputes. The function of dispute resolution is not limited to right remedy, and also contains dispute prevention, regulating the social structure before the formation of rules and so on. The diversified^community types and dispute types reflect the multiple benefits of community residents. Only by building a diversified dispute resolution mechanism can meet the multiple benefits of community resident.Through empirical study, the author summarizes the running status of the city community to resolve disputes and the status of several main dispute resolution mechanism.The current situation of dispute resolution in urban community can be described as follows:(1) The organization of dispute resolution in community depends on the self-organization which is turning administrative seriously, and taking full advantage of the autonomous resources in community has been the key to resolve dispute effectively;(2) There has been no reel separation between the organization of dispute resolution and administrative organ in the sub-district, so the effectiveness of disputes resolution rely the administrative resources of Sub-district Office;(3) Owing to the differentiation in degree of administrative guidance, the organization of dispute resolution has been played different roles in different communities and sub-districts.Every kinds of dispute resolution mechanism has its own strengths and weaknesses:The self-help dispute resolution mechanism can be used to protect the privacy, but may lead to a consequence that contrary to fairness and justice; The social dispute resolution mechanism has a short cycle, but depends on personal qualities of the decision-makers; The judicial dispute resolution mechanism can fully reflect the predict function of law, but has a long cycle which may lead to additional disputes; The administrative dispute resolution mechanism can take the rationality of administrative action into consideration, but may ignore to ease the negative emotions of the litigants.In the author’s view, basing on the perspective of "governance", the path of the dispute resolution mechanism has a high degree of fit with rural communities, but has but has nothing to do with urban communities. In the process of social transformation, rural community has been facing some problems such as the withdraw of traditional authority,the shortage of judicial power, the difficulty of the rule of law,and so on, Therefore, the involvement of state power has become inevitable. Under the thinking of comprehensive management of social security, the big mediation pattern has been popularized step by step. Compared to the rural community, the urban community has it’s own characteristics such as a high degree of population heterogeneity, the diversified of culture and so on. Behind the conflict of interest between different subjects of urban communities are diverse interests and aspirations. So the open of interests expression channel has become the most important thing to the operation of dispute resolution mechanism in urban communities.Basing on the current situation of the resolution of community disputes and the operating of different dispute resolution mechanisms, the thesis provides a basic train of thought for establishing the diversified dispute resolution mechanism in urban community. Firstly, in order to meet the multiple benefits of community residents and make up shortness of self-organizations, organizations of dispute resolution in community should explore the resources of dispute resolution within the community. Secondly, each kind of disputes has its own particular mechanism to balance the interaction between individuals, society, government and judicial system. Finally, the function of different organizations, methods and mechanisms of dispute resolution should be arranged in variety of ways to brick up the chaotic situation of dispute resolution mechanism.