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Study On The Action Mechanism Of The People’s Court To Resolve Disputes In Society

Posted on:2016-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:W W ZhangFull Text:PDF
GTID:2296330479988426Subject:Public administration
Abstract/Summary:PDF Full Text Request
With the rapid development of China’s economy and society, to further deepen reform, a substantial adjustment in the pattern of interests and profound social change and a wide range of conflicts of interest also will produce, the incidence of social disputes and intensification rates are also rising rapidly, and continues to show new characteristics, group sex, emergencies increased sharply and increase the level of confrontation, and with the obvious diversity, diffusion. The existence of the dispute is the norm of social development, but if not properly resolve the dispute, it will affect social order and development. Over the years, some of the administrative units and grassroots organizations have not taken a positive solution to social disputes attitude, lack of assessment, functional absence, the "ball" kicked to the court, and the court can not refuse to judge, to resolve disputes explicit task falls who court. But now faces multiple conflicts and disputes, litigation caseload surge in disputes highlight the growing irregular factors, limitations and scarce judicial resources litigation gradually revealed. In order to meet the diverse needs of resolving disputes, the court mediation, reconciliation and more attention, but still difficult to ease the people’s demand for public services to resolve this dispute. Chinese court to resolve the dispute "last line of defense" forced the evolution of the "first line of defense", facing various challenges, embarrassing situation, many of the original should not be resolved by the court of social disputes through proceedings, the Court had to bear more social responsibility and pressure. Therefore, attention and actively develop various alternative dispute resolution mechanisms to resolve disputes through multiple channels to achieve comprehensive management and harmonious development of society, has become the common aspiration of the current judicial and administrative authorities and civil society organizations.Based on the analysis stage, the foundation of our society disputes connotation, characteristics, causes, our current path of the above dispute resolution, the People’s Court of China’s current location and mechanism to resolve disputes in the community were systematically analyzed. This paper is divided into four chapters. The first chapter is an introduction, the topic of this article detailing the background and content. The second chapter is the basic theory of social disputes connotation and characteristics of the analysis, simultaneous analysis of social disputes resolved path. The third chapter analyzes the status quo in the people’s court to resolve disputes in society, the role of the path to our current active judicial background, from judicial functions by promoting diverse social conflicts and disputes solution, investigation and judicial recommendations elaborated path unfold. Situation major litigation cases heard from the people’s court, the court is to resolve social disputes strong support legalization analyze two aspects, summed up the people’s court to resolve the dispute in a constraining factor to restrict the reasons were analyzed. Chapter IV presents the People’s Court on the basis of learning foreign court alternative dispute resolution mechanisms to resolve the role of the social disputes suggestions.This paper argues that justice can be a new round of reform as an opportunity to improve the dispute resolution mechanism in the way of the people’s court to resolve the dispute mechanism to boost multi-perfect, perfect tone v docking mechanism-people mediation agreement judicial confirmation system and other ways to make people’s court Finding the right position in the dispute resolved, the better play.
Keywords/Search Tags:People’s court, Social disputes, Mediate
PDF Full Text Request
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