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Research On The Supply-Side Reform Of Rural People's Mediation Service

Posted on:2019-07-27Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y HeFull Text:PDF
GTID:1486306344959589Subject:Administrative Management
Abstract/Summary:PDF Full Text Request
People's mediation is the non-public power conflict resolution mechanism created by the Chinese communist party to absorb the advanced elements of civil mediation fully,and it is a line of defense against civil disputes.Because of its voluntary,flexible,convenient and inexpensive,it has received favorable social response and is honored as "oriental flower" by western countries.Because People's Mediation has the characteristics of non-exclusive,non-competitive,inseparability and share-ability,and it always pursues the value of accessibility,equity and equalization,it conforms to the essential attributes of the public service,what's more,it is free,so we can regard it as free public service.Nowadays,in the social transformation period,the contradictions and disputes increase rapidly,the results of settle disputes are difficult to compare with the past.Rural people's mediation which is the free public service has been affected by many factors,lack of science and rationality on the service supply side are two of the main factors.However,it is a pity that few existing studies have carried out discussions from this perspective deeply and systematically.The 17th meeting of the central leading group for comprehensively deepening reform called for "adhering to the linkage of people's mediation,administrative mediation and judicial mediation.Encouraging grand mediation mechanism to innovate the social governance".The program for building a government under the rule of law(2015-2020)propose that we should strengthen people's mediation,improve the network of people's mediation organizations.encourage parties to consult equally,and resolve disputes fairly,all these are enough to show that the important practical significance of developing people's mediation creatively.Based on this,this article takes the rural people's mediation as the research's object and regards supply-side reform as the research's topic,uses literature analysis,historical research.interviewing method.content analysis and comparative analysis,expounds the decline of the rural people's mediation,puts forward countermeasures to the existing problem,in order to reconstruct the glorious achievements of the rural people's mediation.This paper is divided in seven chapters to discuss the supply-side and its reform of the rural people's mediation service.First,this paper defines the core concepts and introduces the theoretical basis,and discusses the main content and application of voluntary failure theory,governance theory and new public management theory,In this way,the theory is combined with the practice,so as to strengthen the study of rationality and scientific nature;Next,this paper investigates the supply-side reform history of rural people's mediation service,taking the rural people's mediation service supply main body as the standard,the supply-side reform of rural people's mediation service has been divided into two stages since 1954.and it will explore the characteristics of evolution and driving factors of the supply-side reform of rural people's mediation service.Then,this paper diagnoses the practical problems and inducement of rural people's mediation service supply side,based on the comprehensive analysis of the current situation of rural people's mediation service supply side in several administrative villages across the country,we find that there are several problems on the supply side of rural people's mediation service,such as the supply subject is single,lacking of the funding,the supply intention is low.the insufficient of the supply capacity supervision.The main causes are the villagers and the government are lack of awareness of participation in construction,the sources and implementation of funds are limited,the establishment and implementation of the incentive system are not reasonable,the professional quality of the people's mediators is generally low and there are omissions in the design of the supply supervision system;Finally,this paper puts forward the policy suggestion of rural people's mediation service supply-side reform,the principles of reform are established as follows:reform in accordance with the law,adaptation to local conditions,progress gradually,risk avoidance and optimal benefits.The reform targets set up the main body level develops in the direction of diversification of supply.supply services ensures orderly operation funding level,supply willing forms actively participate in atmosphere formation,supply ability meets the professional needs of dispute resolution,supply supervision plays a practical role in supervision.In order to solve the problem of rural people's mediation service supply side,we need to take some targeted measures.In a word,the supply-side reform of rural people's mediation service needs to cultivate the supply subjects,guarantee the supply funds,mobilize the supply willing,improve the supply capacity and implement the supply supervision;Only in this way can we improve the level of supply and enhance the quality of supply.There are four innovations in this paper.Firstly,we study the rural people's mediation from the perspective of public service supply-side reform and makes up for the lack of existing research perspectives;Secondly,we design the system for the qualification assessment of the people's mediators to mobilize enthusiasm,based on the number,quality,complexity and length of service of the people's mediators in resolving conflicts and disputes,to classify people's mediators into assistant mediators.junior mediators,intermediate mediators,senior mediators and special mediators.what's more,rewards are given on the basis of rating,so as to strengthen the rural people mediation service supply intention;Thirdly,we propose to employ full-time people's mediators across the region to resolve conflicts and disputes,and employ full-time people's mediators across the region to resolve conflicts and disputes,to make up for the fact that the selection of people's mediators cannot meet the needs of the dispute settlement profession,so as to improve the supply capacity of the rural people mediation service;Fourthly,we will establish a practical government evaluation system for the provision of mediation services for rural people,use the third party organizations to examine whether the rural people's mediation service supply meets the legal requirements and assess the satisfaction of service target,and take that as the basis of government regulation and support,so as to implement the rural people's mediation service supply supervision.
Keywords/Search Tags:Rural people's mediation, Public service, Supply-side reform, Grassroots governance
PDF Full Text Request
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