Research Of The Disposal And Prevention Of Group Incident

The group incident is the current transition period in social management of the outstanding problem, as the result of social contradictions was intensified. It reflects the socio-economic things has been changing rapidly at the special stage, the internal contradictions of the social structure growing, which cause discontent within the group through non-institutionalized way to show up and has become an hindrance to important social stability and harmony by the strong concern of the community. In this regard, the domestic experts and scholars pay attention to the performance, characteristics, reason, treatment methods of group incident and had made great achievements. In this paper, on the basis of existing research about the characteristics and reasons of group incident, I intend to regard "human rights" as the mechanism for the construction of the focus and purpose. Defending for group incident, enhance disadvantaged groups in the economic, legal and social construction of discourse, and through community action groups and other judicial procedures to protect the common interests of the weak.This paper is divided into five chapters, the first is named as the concept and the characteristic of group incident; secondly, the occurrence cause and trends and impacts of group incident; thirdly, the government tackle the problem to dissolve incident disposal methods and strategies; fourthly, human rights protection concept is based on preventive group incident institution building; the last is how to set the legal remedies paths to solve group incident problem.The first part, basic principles and practices of the three perspectives the concept of group incident are discussed, Base on this, focusing on the main features of group incident is necessary.The second part, the main analysis is why group incident had been occuring frequently, that is historical inevitability factors, political factors, institutional factors, environmental factors and the legal factors. Among them, the historical inevitability factors is the fundamental roots of the group incident. Environmental factors and law factors and institutional factors affecting group incident can be properly regarded as critical reason. Combined cause analysis, I summaries the group incident with the positive and negative impacts and presented the current population of the main trends of incident:Behavior with multiple; population size growing; behavior tends to be intensified:exacerbate social impact; organizational enhanced political trend is getting stronger; actual situation intertwined, diverse group incident increasingly.The third section, mainly based on the consequence in the second chapter which analyses the causes and trends of group incidents, we could explore the path when government face the group incident. At the First, making appearance about the disposal principle to group incident, which mainly includes the principle of protection of human rights, both to ease the rapid control and flexible principle, legally dispose of principle. Human rights protection should be regarded as the gold rule in the disposal process of group incident, which also requires us to dispose of the event is placed within the framework of the Constitution and laws for processing In addition, to strengthen the responsibilities of relevant departments and improve the communication mechanism with handling of group incident, is able to achieve group incident timely and effective and cheap, which gradually ease communication barriers caused by Contradiction.The fourth part, the old sayings is that prevention is greater than the error correction and since. If a good mechanism design to resolve disputes and conflicts of interest and unnecessary conflict, you can fundamentally solve the deformity of group incident. Therefore, the author proposes to take the basic concept of human rights protection, and make top-level designing to prevent group incident. Firstly, we must attach importance to maintain the basic rights of the weak, strengthen them social identity. Secondly, it is necessary to improve the mechanism of expression of interest building. Thirdly, improve administrative procedures, and establish group incident related administrative accountability.The fifth part, the judiciary is the last line of defense for social justice, administrative, economic, social mechanisms can not replace the function of judicial relief. In this regard, on the one hand, to establish normative system to tackle handling of group incident, making the handling of group incident to abide. Moreover, to improve the relevant judicial remedies, where we may learn of group litigation related content, such as group litigation system. In addition, the combination of all need means of dispute resolution mechanisms, especially to strengthen administrative rulings and judicial decisions in dealing with aspects of group incident efforts to achieve legal and social effects of unification. This paper hopes to improve to properly solve rational group incident, ease social conflicts through the several measures, making harmonious social atmosphere, maintaining law order and social order.