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Research On The Type Of "not Appealing"

Posted on:2018-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:J B QuFull Text:PDF
GTID:2356330536960432Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of Chinese economy and society,social class differentiation occurs.The dual development of rural and urban brings various conflicts and disputes which become more prominent and complicate.In judicial practice,caseload and case complexity increase sharply,more issues in professional fields emerged,and People's Court is overburdened.In most cases,litigation alone cannot settle the cases and disputes.Many parties involved complain for a long time or even appeal for help,ignoring the effective judgment by court.In recent years,as the judicial reform goes deeper,People's Court is searching for new breakthroughs to relieve the "more cases fewer people" and "appeal after adjudge" difficulties.Against this background,"Litigation and non-litigation connection mechanism" appears as a new mechanism to solve social disputes.It connects litigation and non-litigation sources skillfully,and brings breakthroughs in solve disputes,thus realizing the unity of social effect and legal effect.Therefore,the paper takes "Classification of litigation and non-litigation connection mechanism" as object of study,uses a city(Meishan City,Sichuan Province),a county(Pingwu County,Mianyang City,Sichuan Province)and a district(Shuangliu District,Chengdu City,Sichuan Province)as samples for classification research,and conducts survey and analyses,thus the basic structure of paper is achieved.The paper includes four parts:Part One mainly includes two sections,which introduces the theoretical research related to "Classification of litigation and non-litigation connection mechanism" subject.In the first section,description and analysis for the basic connotation of "Litigation and non-litigation connection mechanism" are made,including basic connotations of "Litigation and non-litigation connection mechanism" and "Classification of litigation and non-litigation connection mechanism",and related concept definitions;in the second section,research values of "Litigation and non-litigation connection mechanism" and "Classification of litigation and non-litigation connection mechanism" are discussed respectively.Part Two is mainly about empirical study.In consideration of actual situation in reality,and according to the leading factor,"Litigation and non-litigation connection mechanism" are classified into three types,namely administrative leading type,judicial leading type and professional leading type.Hereupon,representatives for each type are determined,namely Meishan City of Sichuan Province for administrative leading type,Pingwu County of Mianyang City for judicial leading type,and traffic accident joint conciliation mechanism in Shuangliu District of Chengdu City for professional leading type,and empirical research analysis are made accordingly.Part Three mainly analyses and combs the dilemmas of each "Litigation and non-litigation connection mechanism" type.In the first place,it highly summarizes major practical problems of each type,and then detailed discussions and analysis are made for the practical problems I found during research,based on the actual conditions in our country.Part Four is mainly about countermeasures and suggestions.The paper starts from the basic positioning of "Litigation and non-litigation connection mechanism" classification,and provides some specific and operable countermeasures and suggestions to further improve "Litigation and non-litigation connection mechanism" from five concrete respects,namely basic objective,principles,legislative perfection,concept transformation and source treatment.
Keywords/Search Tags:litigation and non-litigation connection mechanism, typology, multiplex disputes, conciliation
PDF Full Text Request
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