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A Study Of The Grassroots Dispute Resolution Mechanism From The Perspective Of Group Training System(1912-1935)

Posted on:2021-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q M ChenFull Text:PDF
GTID:2416330647454335Subject:Legal history
Abstract/Summary:PDF Full Text Request
Under the special era background in the early years of the Republic of China,Huili County had a situation of “warlord warfare and banditry” because of its natural geographical location at the junction of Sichuan and Yunnan,and the human and geographical environment in which the Yi and Han lived in mixed communities.The situation changes and develops,and gradually develops from "Team Training" to "Team Affairs".Its power in the management of grassroots administrative affairs grows from scratch,from small to large.After sixteen years of reform of the regimental affairs in the Republic of China,Liu Wenhui established a military-political management system in its defense zone.The regiment system combines the functions of public security,administration,and civil affairs,and plays a very important role in grassroots social governance.In addition to the introduction and the conclusion,the article is divided into four chapters: Chapter one is an introduction to the grass-roots governance system of Huili County during the Republic of China-the regiment training system,and Chapter two is an analysis of the grass-roots dispute resolving subject under the regimental system.The chapter three is the combing of the grassroots solution place under the regiment training system.The fourth chapter is an explanation of the way to resolve disputes at the grassroots level: mediation.The first chapter is the grassroots governance system: regiment training system.The first section introduced the regiment training system that prevailed in Huili County during the Republic of China.After several reforms,the regimental training system in Huili County has experienced power from the ground up,from small to large;the second section introduces the relationship between the group protection system and the justice of grassroots.The group protection system could have played a role of "resolving difficulties and exhausting litigation." Because of the lack of a complete supervision and control mechanism,this mainly depends on the personal cultivation of the “gentle” group that has been promoted.The second chapter is the subject of grassroots resolution: Gentry.This chapter is divided into two sections.The first section reviews the gentry's tradition of dissolution.The second section introduces the role of the gentry in the grass-roots society.It introduces the clerks(secretary,head of the group,and Tuanzhen)as the "gentry",the country covenant,guest leader,and lecturer(also known as commentary Members)these groups.In essence,the vast majority of the participants in these roles are the "elegant" rural elite.It can be seen that due to the relatively closed geographical environment of Huili County,the influence of the “gentle” group in the grassroots social governance in the early period of the Republic of China continued to be in the Qing Dynasty.They played a very important role in the resolution of grassroots disputes,especially It is the reason for the whistle-brush horns,which saves many folk fights.The third chapter is the grassroots solution place: various public offices.These public offices include: Public Offices(Public Offices in the City,Public Offices outside the City,and Public Offices in various places),as well as the Mission and Civil Arbitration Offices developed from them.Among them,the intra-city reasoning office corresponds to the intra-city mission arbitration office,the outer city reasoning office corresponds to the outer city mission arbitration office,and the local reasoning office corresponds to the local civil arbitration office.This system was developed from the system of the township agreement of the former Qing Dynasty.It plays the same role as the traditional township system in terms of "dissolving difficulties and resolving disputes to rest people" and "relieving people's disputes to avoid litigation".The fourth chapter is the basic dispute resolution method: mediation.When the Republic of China was established,Huili County did not immediately establish a new local court.Instead,it followed the old model of county governor and judicial administration.According to the records of the Huili County Local Court,it was established in the 30 years of the Republic of China.The time point of this article is before the unification of Sichuan government.During this period,the basic dispute resolution methods in Huili County are mainly mediation,supplemented by trial.Most of the time,mediation is not mandatory,so the parties can choose to report to the local first person,report to the regimental bureau,industry bureau,public security bureau,etc.,or file a lawsuit directly with the county bureau.Most of the "trivial" matters,such as Land lease,marriage,and contract etc.,will be instructed by the bureau to report to the local authority for mediation.This is the official-approval interaction.In addition,there is an interactive mode of local auxiliary government bureaus to ascertain the case or to arrest the murderer.The conclusion part summarizes and refines the full text.Generally speaking,the basic-level solution of disputes in Huili County during the Republic of China was a combination of reasoning and trial.Because the county governor is not elected locally,the county governor changes frequently,and the darkness of county justice is even higher than elsewhere.The group members are promoted by the local government,most of which are local gentlemen's food,which is relatively stable,which may be determined by the stability of the "gentle" group itself.This makes people more willing to report their disputes to the local courts(or the team,or the head of the court,or resort to the public office),so in practice,the number of cases resolved by reason is far more than those resolved by trial.
Keywords/Search Tags:Group Training, Gentry, Public Offices, Mediation
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