On The Role And The Mode Of The Government In Dealing With Disputes And The Establishment Of The Diversified Resolution System Of Disputes

Dispute is one of the normal living conditions. When human beings try to survive and maintain interests, dispute occurs in different fields. On the one hand it disrupts man's living order; on the other hand it provides the driving force for social development. At present in the main theme of building a harmonious society, how to set up a dispute resolution system directly related to social dispute and conflict control, the social mainstay rights and the stability and development of social order. Harmonious society is not a society without dispute, but rather pays more attention to the social dispute. Therefore, exploring the ways of settling dispute in harmonious society becomes important task of law research. It has an important value on the protection of social mainstay rights;maintain social order and the promotion of social development.Human history and reality have proven that dispute is one of the normal living conditions. There must be dispute in society, so there must be a corresponding mechanism for dealing with dispute. In the diversified mainstay and interest contemporary society, social dispute were also diversified. An effective dispute settlement system must be built for social harmony and sustainable development to make dispute under control. It is precisely because of the double role of dispute, a society should not goal at the eradication of dispute, but reduce dispute, particularly vicious dispute, and the primary means is the establishment of a dispute settlement system in an orderly manner to prevent the expansion of dispute, as to realize the harmonious situation of social development. Because of the complex and diverse of social disputes, correspondingly there are varieties of dispute ways, such as dealing with in the court proceedings, negotiating between the parties, mediation, conciliation and arbitration with the involvement of a third party and so on. As to the intervention of a third party, resolving dispute by the government is an indispensable way. There are different resolving dispute ways in different countries because of the difference of social background, cultural traditions and national habits. However, resolving dispute by the government as one of alternative dispute resolution way, have been more and more favor.In ancient judicial history of our country, most of the justice affairs were in charge of administration. It was the essential feature of our country's ancient judicial system that the governments do not divide civil law and criminal law into two parts, even ordered the chief officers in charge of justice too. Through referenced from the law in western countries since modern times, especially the reform and opening-up times, justice of our country has replaced the legal status that not belongs to the administrative organs. The administrative organs have no right to interfere the justice from system perspective. But as a kind of form of dealing with the dispute, our government was used to dealing with the citizen's disputes and appeals. Every functional department of the government, according to the stipulations of relevant laws and regulations, is generally has the duty to dealing with citizen's disputes and appeals of by administrative adjudication, administrative conciliation and administration awards. In the modern society, it is No doubt that no matter the western countries, or eastern countries, no matter industrial countries or agricultural countries, the functions were fully expanded by urbanization and industrialization. A lot of social disputes were faced by the government as administrative organ first, that produce by the government at first. We can regard administration of justice as the last shelter of social fair and justice, but should never regard administration of justice as the first line of defense which handles disputes. On the contrary, handling by government first is not merely because present " lawsuits explode ", " lawsuits delay " , " lawsuits high cost " and the trust to the government of people of our country for a long time, but also because the obvious advantages of the government in dealing with the social disputes. First of all, a lot of disputes taking place in social lives are all relate to administration, being dealt with in advance by the government is nearly an inevitable choice; Secondly, a lot of disputes are related to certain professional technology, which the government and functional departments just have experts who can deal with these disputes driving a light carriage on a familiar road; Moreover, some disputes that produced in the social lives might unsuitable to deal with through judicial way of lawsuit, this is especially more obvious in China. Based on these reasons above, this text is focus on the function and mode of government in dealing with disputes in modern society and the establishment of and the Establishment of the Diversified Resolution System of Disputes. The author hopes that this paper will be helpful with the completion of resolution system of social disputes of our country.The thesis was divided into five chapters.Chapter one: historical study of disputes and resolution systemIn this chapter, the author stated the resolution system of disputes began with the meaning and origin of disputes. In addition, the author focus on the resolution system of disputes in different social shapes and different right relieve modes. Disputes are unavoidable among people's society as interests oppose state between social subjects. Especially in a society which recommends individual rights and interests, people are not only full of interests conflicts, but also be willing to egoistic instead of helping others. That is why the disputes are unavoidable. As a kind of phenomenon that inevitable exists, the social disputes have one pair of personalities. While acknowledging the motive power of social disputes for the society changing, we had to admit that a lot of disputes have hindered and restricted the historical process of social changing. In the view of the stability of social structure, all disputes taken place in particular societies are passivity. Therefore, based on the basic reason of social dispute appearance, the rareness of social resources, facing the various types of social dispute, How to avoid, reduce or dispel the dispute is the basic task of law science, also the important task that countries and governments which are on behalf of public rights should have devoted to solve all the time.Chapter tow: the role and function of the government in dealing with disputesThe author emphasizing to analyze the government in modern society ruled by law want to proof increasingly by its action that it is not negative to meet the requirements of social development, but dynamic, active to influence on society, from the relationship of govern and society, disputes and society stability, the government position and function in social disputes processing. With construction of harmonious society, the government on behalf of social public field shoulders the mission to guarantee the social stability and development. So, as a part of disputes handling mechanism, disputes handling by government is very important and irreplaceable.Chapter three: status analysis of disputes and disputes handlingIn this chapter the author analysis the current presentation of social dissention and the current model of dissention handling in our country, and further defined that the disadvantages and deficiency of current disputes handling appearing gradually and hardly adjust to the requirement of new circumstance with the new type of dissention continuously emerging. So the government functions of dissention handling need to re-recognize and the method and content of dissention handling also need to adjust and make perfect, especially how to deal with the role coordination of government and judiciary to avoid replace the role of the judiciary in dissention handling.Chapter four: the mode of disputes resolution by governmentThis chapter focuses on how to structure our government's social dispute resolution model by analysis the current west governments'mode and the Chinese government existing model and as well as problems. Specificity as to the current government's social dispute resolution system of "big by petition", "middle by litigation," "mini by ruling" mode, author believes that our government's social dispute resolution should be taken the mode of " big by ruling", "middle by litigation," the "big by petition" ,and the way in each specific should approach to increase its flexibility, in order to adapt to the requirements of the growing emergence of new types of dispute resolution in modern society.Chapter five: the Establishment of the Diversified Resolution System of DisputesThe facts show that it is one of the important trends of national judicial reform in many countries of the world today that realizing the convergence of litigation and non-litigation through sounding alternative dispute resolution system to resolving dispute in a larger scope and at a higher level. China is now in a state of the most diversification ever including all kinds of social interests and needs, the dispute mainstay, and social values, so diversified dispute resolution system is indeed needed. The fundamental objective of establishing the system is to explore channels to resolve dispute matching "litigation". The fundamental value of modern law is to protect and promote the rights of the people. On this point, the alternative dispute resolution system and the goal values of the rule of law is completely consistent. Furthermore, in the perspective of modern rule of law, the dispute resolution system is not only a practical means of social control, but also a public product provided to public. The starting point should be response the need of dispute resolution from society and the people. In the time of diversification of interests mainstay and value view, it itself is a concrete embodiment of respecting the democratic rights of the public that providing a wide range of dispute resolution ways for the public choice and fully considering the individual character of clients and their request.