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The Observation Of Contemporary Chinese Rural People’s Court

Posted on:2014-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:G Q LiFull Text:PDF
GTID:2296330425979527Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since the human society produced, disputes were accompanying with it. Disputesarising, destructs the original social order, and then affects the people’s production andlife. For this reason, people always try to avoid disputes, or seek dispute resolution totry to resolve the dispute after dispute has arisen. Dispute resolution has become theimportant content of human history. In this kind of sense, the history of human societyis a history of dispute resolution. In the process of constant development of humansociety, dispute resolution model is also in constant change. Duel, war,homomorphism revenge, consultation of conciliation, mediation, judicial referee,arbitration, etc. Various kinds of dispute resolution model arises at the historicmoment. With human society toward a more advanced, more civilized direction,dispute resolution mode also gradually presented the trend of more civilized. Intoday’s society, force duel, homomorphism revenge, etc are very rare, insteadnegotiate settlement as a representative of the private aid force and judicial referee asa representative of the public aid force. This paper tries to study the rural people’scourt, which is the important content of the judicial referee in public aid force.The natural mission of people’s court is on behalf of the state for the adjudicationof disputes, the exercise of the functions of public aid force. However, the people’scourt in China focus on the work of various period showed a different trend. In otherwords, the people’s courts of each period are shouldering a different task. In differenttask, under the guidance of the people’s court of practical operation will also showdifferent characteristics of the time. Therefore, any of the study of the system of thepeople’s court must be based on the mission of the times of the people’s court and theactual operation, Otherwise, such a study will be out of the essence of the people’scourt as well as actual and become water without a source, the free end. From thisperspective, the observation of people’s court for the actual operation situation is quitemeaningful.In addition to the introduction, this paper is divided into five parts.The introduction includes the main topic of this article, the purpose of the study,research review, research value, research methods, research innovation and so on. Thefirst part of this article combed the people’s court system change in our country, has been clear about the current mission of the times of people’s court;The second andthird part through the case of empirical research, from the case received method, caseprocessing purpose, dispute resolution model to observe the people’s court of theactual operation situation, found and summed up the rural people’s court specialjudicial operation mode, and analyses the reasons of causes this kind of specialjudicial operation mode; The fourth part mainly summed up from two angles thenational macroscopic perspective as well as the people of microscopic perspective onthe requirements of the work of the people’s courts; The final conclusion part mainlysummarizes the rural people’s court in place of the social environment, rural people’scourt special judicial mode, the rural people’s court in the work should keepadvantages and areas in need of improvement.Around the rural people’s court, the conclusions of the paper are mainly thefollowing: the rural people’s court facing social environment is still "locality"comparative strong traditional rural society; The traditional rural social disputes hasits particularity, which requires the special judicial solution mode; The rural people’scourt should perfect their way of working based on be in respect of the demand ofrural justice.
Keywords/Search Tags:The rural people’s court, time mission, Judicial operationmode, Level of trial system, Judicial reform
PDF Full Text Request
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