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Research On The Diversified Settlement Mechanism Of Rural Disputes In China

Posted on:2022-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y H HuFull Text:PDF
GTID:2506306350460784Subject:legal
Abstract/Summary:PDF Full Text Request
It seems that the population distribution in China still accounts for a large proportion of the population in rural areas.The stability of rural areas is conducive to the sustainable development of the national economy as well as the long-term stability of the society.At present,the problems in rural areas of China are constantly erupting in the form of disputes,which will be detrimental to the long-term development of our country if they are not reasonably resolved in time.Under the situation that single litigation and non-litigation dispute resolution mechanism can hardly solve the disputes in the new era,it is urgent to explore how to establish a set of diversified dispute resolution mechanism suitable for the development of rural areas in China.Therefore,the purpose of this paper is to analyze and sort out the current situation of rural disputes in the new era and the concept of diversified dispute resolution mechanism,and to provide feasible suggestions for improving the diversified dispute resolution mechanism in rural areas of China from the characteristics of rural areas and the construction of grassroots justice in China.The whole paper is divided into four chapters.Chapter 1,mainly starts from the problems of rural disputes,and explores the characteristics of disputes,the types of disputes in the old and new periods,and the concept and value of the diversified dispute resolution mechanism in the context of the economy as well as the customs and habits of rural areas in China.The second chapter analyzes the current situation of rural dispute resolution mechanism and the existing problems.It analyzes the application of existing dispute resolution mechanisms in rural areas of China and explores the problems of alternative and litigation dispute resolution mechanisms.Chapter 3:Experiences and inspirations of the extra-territorial pluralistic dispute resolution mechanism.This paper compares the application of ADR mechanisms in different countries(regions)with the experience of China’s judicial practice,and draws on advanced concepts from different perspectives.It summarizes the experience of alternative dispute resolution mechanism in China,draws on the successful experiences of the United States,Japan and Germany from the basic national conditions of China,innovates the dispute resolution methods in China,gradually improves the pluralistic dispute resolution mechanism in China,and applies different dispute handling mechanisms to different types of cases so that they can give full play to the role of resolving disputes.Chapter 4,suggestions for improving China’s rural diversified dispute resolution mechanism.In view of the problems of China’s dispute resolution mechanism in Chapter 2,combined with the experiences of different countries(regions)outside China,this paper puts forward the following suggestions:firstly,to improve the division and connection between non-litigation and litigation fields,secondly,to improve China’s rural dispute resolution mechanism,thirdly,to improve China’s non-litigation dispute mechanism,fourthly,to strengthen the connection between litigation and non-litigation,and fifthly,to correctly deal with the conflict between state law and civil law.
Keywords/Search Tags:Rural disputes, Diversification, Dispute resolution mechanism
PDF Full Text Request
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