Legal Analysis On Social Dispute Resolution Under The Background Of China’s Rural Urbanization

As an agricultural country, farmers, agriculture and rural problems are the keyproblems related to reform and development in our country. With the advancementof rural urbanization, various social disputes emerge endlessly. If can’t be fullysolved, they will directly affect the rural social stability and the construction of ournew socialist countryside, which will further affects the stability and development ofthe whole society. And deepening of the rule of law provides a new perspective andbasis for the development of rural society dispute resolution research. Therefore, inorder to safeguard the rights and interests of farmers, to solve rural social disputesfair and effectively, this paper specially bases on a legal angle to study on the ruralsocial dispute resolution under the background of rural urbanization. By contrastingwith the traditional rural social disputes and solutions, it haves a comprehensiveanalysis for the disputes’ some factors such as production, types, and characteristicsunder the background of contemporary rural urbanization,introduces the existingrural social dispute solution and existing problems, and puts forward relatedSuggestions in view of the problems, and tries to build a kind of ideal model calledcomprehensive, coordinative, and selective mechanism to resolve disputes, and toprovide the theoretical and practical reference of the decision-making and executionfor our country’s legislative, administrative, judicial and other relevant departments.In order to conduct a comprehensive and deep legal analysis for rural social disputeresolution under the background of rural urbanization in our country better, the paperabsorbs reasonable experience and abandons insufficiencies of the existing research,bases on the basic idea of jurisprudence, and combines with the method of procedurelaw, administrative law and other department law,and other multiple researchperspectives and methods of the cross subject such as law and sociology, law andeconomics, makes our country’s rural practical situation under the background ofpresent urbanization development as a starting point, puts forward solutions in viewof the reality problems, in order to make our study both of systematic theory significance and considerable practical operability, so as to realize the researchpromotion of rural social dispute resolution under the background of ruralurbanization in China.The full text is divided into five parts overall:The first part is "The overview on China’s social disputes under the backgroundof rural urbanization ". At first, it briefly explains China’s traditional rural socialdisputes and the way to resolve them; next, it puts forward the concept of ruralurbanization, leading to this conclusion that under the background of urbanization,there are some major changes including economic structure, social structure, therural members’ values and other prospects in rural society, which are introducedrespectively. Changes in all aspects correspondingly result in increasing diversifiedtypes and many new characteristics of contemporary rural social disputes.The second part is "The current situation of the social dispute resolution underthe background of rural urbanization ". Firstly, it introduces the kinds of the existingsocial dispute solutions in rural China under the background of urbanization, whichshows that traditional ways of dispute solutions still exist, and the amount and typeof modern dispute solutions also increase greatly. Then it analyses the factors whichdispute parties will think about when choosing the way to solve disputes, in order tounderstand the operation of these disputes solutions better. Finally, it points out thedefects of the existing social dispute solutions and the effects.The third part is “The theoretical thinking on China’s social dispute resolutionunder the background of rural urbanization ". First of all, it introduces the four ideasof rural social dispute resolution, to lay a theoretical foundation for China’s socialdispute resolution under the background of rural urbanization. Secondly, it putsforward the five basic requirements, making an outline of the ideal situation ofChina’s social dispute resolution under the background of rural urbanization. Finally,integrating the pros and cons of various social dispute solutions, suggestions aremade from several different levels and a kind of ideal mode to solve rural socialdisputes called comprehensive, coordinative, and selective mechanism is built intheory.The fourth part is "The legal analysis on China’s social dispute resolution under the background of rural urbanization ". On the basis of the guiding ideology ofdispute resolution, the paper first perfects the litigation solution from three largeaspects; then gives suggestions for the improvement of non-litigation solutions;finally, analyses the effective connection of the two, to construct the ideal mode ofsocial dispute resolution in the concrete practice level under the background of ruralurbanization.The fifth part is “Conclusion”. The writer summarizes the points of view andstructure of this paper, points out the difficulties and insufficiencies of the research,and expresses the expectation and confidence of researches’ continuous developmenton China’s social dispute resolution under the background of rural urbanization.