Study On The Dispute Resolution During The Social Transformation

The continuous development of the Sinicization of Marxist legal thoughts has formed usa series of theoretical results and guiding ideology in law, which play a significant role inbuilding the cause of socialism with Chinese characteristics and in legal practice in ourcountry. The Third Plenary Session of the Eleventh Central Committee of the CPC decidedthe reform and opening-up as the basic national policy, which carried forward the process ofmodernization in our country, as well as accelerated the access to the phase of socialtransformation. Especially after the14thNational Congress of the Party has established thesocialist market economy as the development goals, the social transformation goes deepgradually. Market economy is legal economy, which needs a sound legal system tostandardize the operation of market behaviors. However, a variety of conflicts and disputeshas been aroused due to the complexity of social reality, even lead to some group conflictevents. These conflicts and disputes interfere the order and evolution of the socialistmodernization drive in our country. Thus, to explore and build an effective multi-factordispute resolution mechanism for resolving contradiction is an important current mission.This thesis writes from the perspective of the Sinicization of Marxist legal thoughts, andon purpose of exploring and studying the multi-factor dispute resolution mechanism, andhope to offer a useful reference for resolving the conflicts and disputes in the period oftransformation. There is an introduction and six chapters in this paper, and the expositioncenters on introducing problems, analyzing problems and solving problems. The introductionelaborates the thesis’ study way, significance, present situation and innovation. The first chapter studysthe history of Sinicization of Marxist legal thoughts and transformation, analysis it’s theoryachievements and transformation from the perspective of the Marxist’s theory, especially their timeconjunction and coordination of government patterns. The second chapter elaborates dispute reasons andorder reconstruction in the period of transformation, analysis these disputes’ different characteristicsand some enlightenments from Sinicization of Marxist contradictory theory. The third chapterelaborates the construction of multi-factor dispute resolution mechanism, including lawsuit systemsand non-lawsuit dispute resolution mechanisms. The fourth chapter elaborates mediation systems oflegislative work advancements in our country and the key is the history, difficult position and improvement ways and the practice of “People’s Mediation Law”. The fifth chapter elaborates inquiry systems oflegislative work advancements in our country and its difficult position and improvement ways. The sixthchapter elaborates the construction of dispute resolution mechanisms and harmonious society. Thekey is their coordination in the course of rules by law and get some enlightenments from Sinicization ofMarxist legal thoughts.The main contents and viewpoints including the proceeding of the Sinicization ofMarxist legal thoughts has associated with the development of Sinicization of Marxism, whileit is fit in with and overlaps on some phases of social transformation in China. As the nationalsocial transformation is successively developed, promoted and gone deep under an extremelyspecial historical background, it has undergone different social phases, which influence theformation of the Sinicization of Marxist legal thoughts in direct and indirect ways.Nevertheless, the theory and practice that are born from the Sinicization of Marxist legalthoughts also impose far-reaching effects on the proceeding of a legal system construction andpractice of ruling the country by law. Multi-factor dispute resolution mechanism as a far morespecific mechanism in branch legal cannot get away from the guidance by the Sinicization ofMarxist legal thoughts, either. Although the legal studies and practice of our country areinfluenced deeply by the legal theories of western developed countries after the opening-up,the construction and development of multi-factor dispute resolution mechanism is benefitfrom it, even under the dilemma of transplanting or insisting in local resources. And someparts featured in oriental experience of the mechanism still possess marks of Chinese culture.However, with the help of inspiration and lessons of the Sinicization of Marxist legal thoughts,these dispute resolution mechanisms will play a greater role in the legal practice.Social transformation is a period transforming from a traditional society to a modernizedone, during the time, all kind of complicated accounts and changeable situations cause avariety of conflicts and disputes, which will do negative effects on social order norms, theParty’s ruling foundation, the national governance mode and policy management of thegovernment. So the function and objective of multi-factor dispute resolution mechanism is tosettle the troubles and resolve contradiction, and then to reach a positive effect of restoring theorder and promoting harmony through the authority of litigious dispute resolution mechanism and the flexible application of non-litigious dispute resolution mechanism. Among thenon-litigious dispute resolution mechanism, the application of reconciliation, negotiation,arbitration and letters and visits, even the interaction among them take an important functionon dispute resolution. But the two mechanisms also face difficult positions and shortcomings.So how to overcome the negative factors through improving the ways and means is thoughtpositively in academic fields a present, and it is the joint responsibility they are facing.Though there are still some arguments on connotation in multi-factor dispute resolutionmechanism, and whether litigious dispute resolution mechanism should be incorporated intowhich needs to be further explained, this paper still contains this mechanism based on thereason of the non-litigious dispute resolution mechanism is obviously related to litigious, forits the butting mechanism between litigation and mediation, the interaction mechanismbetween arbitration and judicature, neutral evaluation in the early stage and simply judgment.If such an important and relative mechanism is excluded from the discussion, it won’t worktheoretically. So this paper attempts to discuss the point clearly and focuses on mediationmechanism and letters and visits mechanism which possess strong Chinese characteristics.Because letters and visits mechanism in our country now is facing the dispute andpredicament at the most prominent.When using multi-factor dispute resolution mechanism to resolve disputes, it also takesthe responsibility of reconstruction of order. To reconstruct social order is not to scrap it andstart all over again, also not undisciplined free behaviors. It must comply with certain normsand objectives, and make sure its process and results are in conformity with regularity andsociality. It should not only adapt to the inherent law of social development, but also chimesin with features of human demands. The nation and the Party establish the strategic objectiveas to build a harmonious socialist society and make a blueprint for a country under the rule oflaw, it contains the mission of reconstruction of social order, while the application ofmulti-factor dispute resolution mechanism carries this task, too. It has the function ofresolving disputes under the background of law building in our country, and has the effects ofpromoting social security and social solidarity, which play an increasingly important role onconstructing a harmonious socialist society.