The Study On Private Remedy Of Earthbound Community During The Period Of Transition

In contemporary earthbound China, people resolve conflicts and disputes in accordance with a wide range of rules. Conflicts between private remedy and public remedy constitute the theme of people’s legal life. In contemporary earthbound China, for the public relief has high costs of litigation, tedious procedures, difficult implementation, compulsory settlement of governments, which makes peasants lose confidence in justice and the government. While the private remedy defects just to make up for the relief of public force. We can not count on governments and society to solve everything for us. Only the parties themselves are most concerned about their disputes and right-safeguarding. In the background of justice is incompatible with earthbound community, and peasants do not trust the justice, completing private remedy is the most important strategy to broaden the farmers’demand channels. In order to demonstrate my point, I selected a small village Changshan, and chose there dispute settlement status as an entry point for research and demonstration. I explored the characteristics, the values and interest demands of peasants’dispute settlement in earthbound China, from a typical of the new socialist countryside.The article falls into four parts:Chapter one is the study on private remedy of earthbound community in the sociology of law. I selected a small village Changshan, and chose there dispute settlement status as an entry point for research and demonstration. I have done amounts of investigations on disputes of Changshan village the typical of the new socialist countryside, as well as dispute resolution condition. Through the interpretation of research data in the sociology of law, I stripped out the characteristics of disputes in earthbound community and arrived at a conclusion that private remedy still occupied the mainstream in the process of dispute settlement in earthbound community.Chapter two is the rationality of private remedy of earthbound community. This chapter analyzes the native resources of private remedy firstly. I explore the background and causes of it are enduring in earthbound community, from its own native advantages. Private remedy deeply take root in earthbound community, depends on it’s profound cultural traditions, the broad basis of social relations, the humanistic foundation, the economic foundation and the strength of civil law as well as the weakness of public remedy etc. Then I analyze the function and advantages of private remedy. Private remedy welcomed to earthbound community because of fast and efficient social benefits, flexible settlement procedure, the replacement of litigation, the respect for the parties’ rights to choose procedure, the maintenance of substantial justice, the promotion of civil law.Chapter three is the dilemma of private remedy of earthbound community. Private remedy is still dominantly in dispute settlement mechanisms in earthbound community, but the plight also exists in the current legal environment. Firstly, private remedy is still considered as a method of the dispute settlements which walk in the edge of the legal and the scale is extremely difficult to grasp. Secondly, the conflictions and interweave between private remedy and public remedy cause the two seriously intervened and interwoven each other. Thirdly, there are many limitations in private remedy such as the low effectiveness, broad scope, low procedure, a lack of standard and justice which hinder its development and progress.Chapter four is the development and improvement of private remedy of Abstract earthbound community. Because private remedy suffers so many plights and shortcomings, I propose a number of forward-looking perfect countermeasures. Firstly, reconstruction of the values of private remedy of earthbound community, to provide theoretical support. Secondly, regulation and guidance on private remedy at law. Local care of the civil law and provide norms basis for private remedy. Build the civil society rely on the villagers self-government organizations to ensure that the purity of the field that private remedy of earthbound community survive. Give some private remedy the legal effect to raise the compulsory force of private remedy. Thirdly, we should advocate maintaining the core position of public remedy, developing the confluent social relief, and strengthening the foundation of private remedy to build a multiple rights-relief mechanism.The dispute settlement mechanism of rural society is the key issue to the construction of rule of law in the countryside. Thus, the realistic study of the rights-relief mechanism in contemporary earthbound China, and set up a scientific dispute settlement mechanism is extremely important to the maintenance of social stability of earthbound community, the build of a new socialist countryside.