| China is in a specific historical period of social transformation and rapid economic development,social structures and resources are undergoing tremendous changes.Under the premise of limited social resources,competing among groups for maximum benefit will inevitably lead to the mass dispute.Although people with the improvement of the overall level of education and the awareness of rights,but their political participation is still in a lower level,law awareness and legal knowledge are weak.Once the mass dispute occurs,due to the defects of the system and lack of effective solutions,disputed groups are difficult to seek assistance from the administrative agencies,which lacks effective systems and methods for resolving disputes.The mass dispute will be further intensified and finally enter the court proceedings.It is precisely because the mass disputes have the characteristics of large number,relevance,interest and complexity,the court’s trial of mass dispute cases is essential for establishing judicial credibility,maintaining the authority of the state public power organization and social stability.The court represents the judiciary of the state public power organization,its basic function is to resolve disputes through the jurisdiction to maintain the final wall of social fairness and justice.However,in practice,the court is faced with the dilemmas of which are difficult to unify the application of laws,inefficient trial procedures,limited methods of dispute resolution,complex external interference factors,poor social effects and difficulty in referee enforcement.As a result,the court was not satisfied with the application of the existing legal system of adjudication for the trial of mass disputes.The reason is caused by the internal and external factors of the court.On the one hand,the lack of specific and practical tools for the courts to hear cases of mass disputes is due to the defects of legislation and system,the shortage of judicial resources,and the inherent passive limitations of judicial power;On the other,the reason that the courts are unable to fulfill the function of resolving mass disputes is because of the lack of functions of administrative organs,the inconsistency of powers and responsibilities of the courts,the chaotic and inefficient judicial supervision system,and the cultural traditions and social background of our country.This article summarizes and analyzes the dilemma and causes of the court’s trial of mass disputes.It introduces the data and specific cases of Hainan province’s courts hearing mass disputes involving agriculture.Based on the analysis,it summarizes the difficuties of Hainan province’s courts to hear mass disputes cases involving agriculture,and give practical suggestions and specific solutions.At last,the author try to build a diversifieddispute settlement mechanism and an establishment of demonstration litigation system;to create a legal environment that can resolve mass disputes;to establish relevant mechanisms for administrative organs to respond to mass disputes.So that these three aspects have put forward targeted solutions and strategies to the dilemma faced by the court in the trial of mass disputes,which can solve the dilemma to a certain extent,and provide reference for relevant legislation and practice. |