A Study On The Functional Orientation Of Judicial Institute In The Resolution Of Group Disputes

In recent years, all kinds of contradictions and disputes are increasing rapidly with the development of economy. The long-term saving contradiction could escalate with the lack of emphasis, rising from low intensity group disputes to high intensity social conflict. The judicial institute is the agency level of the judicial administrative organ, and also is the judicial administrative organs of local government to resolve the dispute. In accordance with the law and other normative documents, there are mainly two ways to resolve disputes of the judicial institute, one is the people’s mediation committee, of which major difficult civil dispute mediation, and the other is representative of grass-roots government to deal with civil disputes. In practice, how the judicial institutes use their resources to solve the group event, how to use legal and local network of the two different social resources legitimately, how to strengthen the judicial function of solving the group event, it is needed to have a discussion in this article.In addition to the introduction and conclusion, the text is divided into three chapters.The first chapter The dilemma and change the judicial institute faces. This chapter discusses all kinds of pressure the judicial institute is facing in the current conditions and the judicial institute under pressure is seeking for a solution. The maximum pressure the judicial institute facing is the business from the maintenance of stability, and it is also the biggest challenge of the Group Event in rural field. This chapter first discusses the characteristics of the present stage of China’s group events, mainly from the motivation, the subject and the object of group disputes, the development trend and so on. This chapter also discusses characteristics of the analysis, the "flexible", local resources, communication channels to several advantages, that in group events, the judicial institute can depend on its "softness" that other powerful institutions don’t have, combined with the network resources in the local community, to form an effective channel of communication between the group event participants and government. This chapter discusses the present judicial institute problems and The judicial institute try to find the way itself, first of all is to change the working mechanism, through reward departments and case improves work efficiency, the second gradually changing the grassroots people’s mediation guides of judicial institute mediation work, but this process is not comprehensive, in many places are still judicial institute personnel independent participate in the mediation. Judicial mediation will choose a more flexible way, to the combination of serious court mediation and the conciliation.The second chapter Practice in judicial institute dispute solution mechanism-case analysis. In this chapter, the stages of the intervention and the described through case examples and empirical analysis on the effect of group events. Through the case of group events, in accordance with the time period can be divided into gestation period, outbreak period, and calm period. In each period of group events showed a different trend, judicial institute intervention should take different strategies. In the gestation period, group event have not formed, contradictory conflict in the scene is not obvious, and the mood of the crowd did not reach the extreme state. Then judicial institute should work by skillful way of talking, the use of native resources and flexibility, ease the atmosphere of the scene, try to control and solve the contradiction in. conditional circumstance. In the period of the outbreak, the characteristic of conflict is scale, violent and complex. In this period judicial institute should adopt a more conservative strategy, to be more professional and stability to provide multiple solutions. In the calm period, contradictions are under control, but not completely eliminated. It will also have a new contradiction by group events caused by the behavior. Then judicial institute should focus on the question of the masses to resolve through legal means, at the same time report problems to the government, built channels between government and mass communication.The third chapter clear and definite judicial institute resolve disputes role and strengthening mechanism in group events. This chapter positions the role of the judicial institute dispute resolution for group events, while propose the judicial institute reform organization structure and strengthen the effect in group events. The judicial institute according to the different stage play different roles in group events, first in the gestation period of judicial institute acts as control emergency role, to avoid further events, then in the period of the outbreak is playing the role to assist, provide solutions for the party and government organs, and play a conflict resolving role in the calm period. The judicial institute should make a thorough and meticulous investigation to the performance and the latent contradiction, and to put forward perfect solution. The reform of judicial institute organization is mainly reflected in the built model, personnel, funds guarantee, to get reasonable structure, outstanding staff, security powerful enough. The dispute settlement mechanism of strengthening mainly embody in establishing sensitive information channels, may cause the contradiction of group events early warning; strengthen grass-roots dispute settlement mechanism, will resolve the contradictions at the grassroots level; strengthen " mechanism of suit and mediating", strengthen the execution of the mediation agreement. This paper hopes to sort out the respective characteristics and relations in practice of groun events and judicial institute, to find a reasonable judicial institute participation in group events solutions, to solve related problems providing reference and help.