Research On The Path Of Rule Of Law For The Base Mass Incidents

At present, China is in the special historical period of the economic transition, socialtransformation and the development of various reforms towards depth direction and the massincidents arising from the disagreement among the people are in multiple trend and the socialaspects involved become more and more wide and the scale continuously enlarges and theexpression forms tend to be violent, which has become a prominent social problem affectingthe social stability and public security stability in some areas. Active prevention and properhandling of the mass incidents are the important duty and task facing the administrativeauthorities. In the framework of rule of law, it will be conducive to the normal and sounddevelopment of social economy and the maintenance of the social harmony and stability tocorrectly recognize the nature and characteristic of the mass incidents, probe into the deepreasons for their formation, propose the scientific and practical measures for the preventionand disposal beginning from the constructing a set of scientific prevention and disposalmechanism for the mass incidents, making them effectively prevented before occurrence,effectively defused and controlled in the beginning, legally, timely and properly disposed afteroccurrence, consolidated and prevented after the incident to reduce their negative effects andreduce the disposal costs to the maximum degree. This paper researches the mass incidents,probes into the rules for the development and changes and discuses the law adjustmentmechanism for the base mass incidents from the perspective of law regulations, and proposesthe solutions and measures of both temporary and permanent solutions, so as to effectivelyprevent, reduce and restrain the occurrence and development of the mass incidents. This papermainly includes the following contents: the first elaborates the concept and characteristics ofthe mass incidents in China; the second analyzes the reasons for the occurrence of the massincidents, and mainly introduces the factors in the rule of law, including the remedy channelsconceived by the rule of law are unsmooth, relevant laws are defected and unsound, the lawfulchannels for the expression of public opinions are blocked, information is not announced andcommunication is unsmooth, the administration is not conducted in accordance with law, thepowers are abused and partial masses have weak legal awareness; the third, from theperspective of the reasons for the occurrence of the current mass incidents and the problems inthe disposal process, proposes the legal measures for the prevention and disposal of the mass incidents to adjust and deal with the mass incidents from the three steps of preventionbefore occurrence, disposal in the middle of the occurrence and consolidation after occurrence:1. legal measures for the prevention before the occurrence:(1) construct the coordinationmechanism for the social interests in accordance with law;(2) establish and improve theplural conflict and dispute solution mechanism;(3) strengthen procuratorial work andsupervision to break the predicament in the letters and calls;(4) earnestly strengthen lawpublicity education and increase the awareness of rule of law of the masses;(5) speed up theformulation and improvement of law regulations, which is conducive to the prevention anddisposal of the mass incidents;(6) cultivate the modern awareness of the rule of law andearnestly conduct the administration in accordance with law;(7) improve the administrativeaccountability system;(8) improve the administrative supervision and constraint mechanismand ensure the correct performance of the power and (9) improve the Law of the People’sRepublic of China on Assemblies, Processions and Demonstrations;2. disposal in the middleof the accidents in accordance with law:(1) at the beginning of the accidents, the emergencyplans should be launched immediately to effectively control the development of the accidents;(2) in the disposal process, the alleviation should take the place of block and the authoritativegovernment information should be announced in a timely manner;(3) the requirement of thepublic on the focus issues should be responded without delay in accordance with law;(4) thenecessary emergence measures should be taken in the disposal of the mass incidents and thenature of the incidents should be differentiated strictly and be disposed according to theirtypes and (5) great importance should be attached to the proportion principle in the disposalof the mass incidents;3. the disposal stage after occurrence:(1) borrow the media and publicopinion method to consolidate the disposal achievements;(2) establish and improve theappraisal mechanism after occurrence and well implement the daily prevention work;(3) keeppromises;(4) check the fact of the incidents and investigate the relevant liabilities; and (5)fairly treat the staff involved in the case.