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On The ADR On The Fringe Of Urban Areas

Posted on:2014-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2296330434450969Subject:Science of Law
Abstract/Summary:PDF Full Text Request
No dispute, no lawsuit. However, lawsuit is not the only way or the most proper way to solve disputes, especially for the disputes which happen in the area where urban connects with rural. The author checks the status of current disputes resolution applied on the fringe of urban areas, and makes a preliminary study on the existing problems of the resolution system and then gives appropriate measures to perfect them. With the growth of population, the acceleration of land circulation and the expansion of housing expropriation, the fringe of urban areas becomes the areas where a lot of land contract disputes and land expropriation disputes emerged. These disputes are hard to be resolved by the tradition resolution in the special area. Therefore, ADR was gradually applied for these disputes due to its advantages. The ADR on the fringe of urban areas has the common characteristics, such as applying the folk law, flexible procedure, etc. And it has the distinct characteristics, for example, which emphasizes on the applications of the people’s mediation and administrative mediation. However, there are a lot of problems in the course of disputes resolution, for instances, no enough attention, no smooth mechanism, the lack of legal basis. The ADR in the area has special functions, which will advance social stability, development and rapid urbanization. There are three aspects which can be improved:the people’s mediation system; the administrative mechanism on the ADR and the connection between litigation and non litigation mechanism.
Keywords/Search Tags:the fringe of urban areas, alternative dispute resolution, people’smediation
PDF Full Text Request
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