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On The Diversified Solution Mechanism Of Rural Law-related Disputes

Posted on:2018-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:S Z ZhangFull Text:PDF
GTID:2356330518463394Subject:Constitution and Administrative Law
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Since the 1980 s,China has gradually embarked on the path of modern law.In 1995,"governing the country according to law" was written into the constitution,which opened a new journey of the rule of law in China.In 2014,the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China(CPC)examined and approved ?the Decision of the Central Committee of the Communist Party of China on Promoting to govern the Country by Law?.At the same time,the number of litigation cases increased rapidly,the courts especially the grassroots people's courts were overcrowded.This phenomenon reflects the fact that litigation is being accepted and the weakness of non-litigation settlement mechanism.In recent years,China's judicial policies have paid more and more attention to the diversified dispute resolution mechanism in resolving social contradictions and adjusting social relations.The party's fourteenth session of the Fourth Plenary Session clearly put forward the view that establishing a diversified dispute resolution mechanism,improving the mediation,arbitration,administrative adjudication,administrative reconsideration,litigation and other ways of resolving the disputes.Today,the academic community has basically reached a consensus that it is the future development direction of the rule of law in China to establish a diversified dispute resolution mechanism to meet the needs of a wide range disputing party.The author analyzed the background,the social foundation and the problems in the development and introduction of the Regulations on the Promotion of the Dispute Settlement Mechanism of the Xiamen Special Economic Zone,elaborating in detail the types and causes of the disputes in the rural society of our country.On the review of social reality,the author pointed out China's current dispute resolution mechanism and its shortcomings,lastly put forward suggestions to solve the problems.Firstly,introduction,this chapter introduces the background,purpose,the significance of the article and the research status of the diversified dispute resolution mechanism at home and abroad.On this basis,the author put forward the research method and the whole train of the study.The first chapter,china's rural law-related disputes.this chapter focuses on the various disputes in the rural society of our country,introducing the types,characteristics,causes and providing influencing factors of rural disputes in China at the end of this chapter.The second chapter,the solution mechanism and its shortcomings in current rural areas.The chapter analyzes the current situation and shortcomings of the dispute settlements in China at present,which provides a realistic basis for the necessity and rationality of the establishment of dispute settlement mechanism in rural social construction.The third chapter,this chapter introduces the meaning of the diversified dispute resolution mechanism,the ideal model and the several relations that need to be dealt with in reality,and points out the idea of construction,the strategy.At last,This article puts forward the legal regulation and realistic guarantee for the dispute resolution mechanism.
Keywords/Search Tags:Rural disputes, Non-litigation, Litigation, Convergence, Diversification
PDF Full Text Request
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