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Rural Society Of Village Courts To Solve Functional Studies

Posted on:2015-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q G YangFull Text:PDF
GTID:2296330431958608Subject:Law
Abstract/Summary:PDF Full Text Request
With the gradual advance of China’s economic transformation, accelerate the process of integration of our country, our primary social groups, the decline of rural society, the primary social relations lax, compulsory social control weakened, guiding errors often occur control, self-control members of society levels continue to decline, making the weakening of social control mechanism which gives a stable rural social order, is a big challenge. The impact of urban culture and civilization of the rural society, making the original village ethics, public opinion, habits, etc. are not well constrained rural villagers’behavior, but in the transition period, the rural social disputes, but more and more, more and more complex and diversified, which urgently needed to be a powerful means of dispute resolution to resolve the rural social conflicts, maintain social order and stability village, so the township court dispute resolution should play a more important role, to play a more important the role of the township court dominant position in the countryside dispute settlement mechanism diversity, on the one hand the state statutes and judicial interpretation to better meet the needs of rural villagers, on the other hand, in the process of urbanization the transformation of rural society making the country appear more complicated and new disputes, such as disputes villager autonomy disputes, environmental pollution disputes in rural areas due to urbanization, rural lending contract disputes, contract disputes involving seed purchase, land contract disputes involving the government and villagers due to disputes between various causes these new complicated disputes require corresponding channels and methods of dispute resolution, such as towns and rely solely on administrative, civil forces can not solve these problems with this, these disputes needs of rural justice intervention and positive adjustment, the real needs of rural society to promote the township court of justice must play its role to solve social conflicts Furthermore, civil mediation organizations, village committees and even administrative mediation due to various constraints, the lack of knowledge of the law and disputes lack of skills so that they do not resolve the dispute resolution skills and a good way, while traditional media by social morality, customs, humility is far not solve the problem, while private relief itself has risks and instability, through litigation, court mediation became public relief methods to resolve disputes rural society best channels, good running township court protection has become a good country to maintain good social order and a solid backing; though, township courts to resolve disputes as good as alternative dispute resolution mechanisms that have simple, calm, flexible advantage, but the court mediation township also has flexibility, controllability characteristics, the township court of justice and a strong professional, authoritative, mandatory, impartiality and has a strong role in public education. Of course, the township court itself has encountered many difficulties and problems, poor working conditions, staffing backwardness, lack of variety of related systems that have made judicial court greatly reduced the role of the township, the township courts sometimes also often subject to the township government and external pressure and interference of other rural organizations, and grassroots courts, superior courts internal pressure. However, rural township courts to resolve social contradictions located first line, shoulder heavy social responsibility diversity dispute resolution mechanism in the country, we must joint civil power and the executive power, to solve the internal pressure and external interference. As a grassroots township court judiciary in recent years due to various reasons, there have been judicial authority is challenged, re-program and other issues divorced from reality, in the face of these problems, the township court must establish the concept of justice for the people, to re-establish itself in good image of the country in the eyes of the villagers, through the integrated use of various methods of dispute resolution, mediation and litigation strengthen the interface through continuous learning level of legal knowledge to improve the administration of justice, effectively solve the difficult problem of implementation of rural disputes, in-depth study of social problems in rural areas, play their own unique advantages familiar countryside, local conditions, adhere to the legality of the judicial process and procedures on the basis of sex, freedom and flexibility to solve practical problems, the use of rural villagers loved the way improve legal advocacy, through a variety of convenient measures to gradually enable rural villagers can legally civilization in rural justice, to create a favorable social environment for the work of the township court of justice, the township court to improve its internal management system, according to the appeals court system related factors internal rate of rate of wrongful convictions the judge handling the case rigorous assessment, improve quality of handling cases from system management and the quality of personnel, through an open and transparent trial program that allows rural villagers really feel the justice judicial transparency, justice for the people, but also the township court judges learn how to do a thorough and meticulous work of the masses, with the right approach to guide the masses to participate in the proceedings in accordance with law, to make full use of the advanced experience of the people’s court, the successful completion of the judicial task of trying to create masses become satisfied, satisfied the superior court, where the relevant departments satisfaction, the satisfaction of the court’s own "four full" court. Finally, the township courts to resolve disputes by constantly exploring new ways to accumulate experience, overcome difficulties and to contribute their efforts to safeguard the rural social order and promoting rural social harmony and stability, protect China’s smooth transformation of rural society...
Keywords/Search Tags:rural social order, rural disputes, rural courts, Dispute Resolution
PDF Full Text Request
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