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A Study Of Legal Governance Path To The Rural Mass Events Of Our Country

Posted on:2012-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z H FanFull Text:PDF
GTID:2166330335456265Subject:Civil and Commercial Law
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Nowadays, Chinese's economic is restransitting and social is transforming. That's a special time for our country. The economic restructuring causes comprehensive and structural change of the whole social system, accelerates the gap of social benefit and the frequent movement, makes the social more complex and diversified, therefore, the increased number of social conflicts and friction is inevitable. Especially in recent years, our country's rural group events occur frequently, the scope expanding, forms increasing, methods increasing in intensity, the consequences and impact becoming more and more serious, hence, it threats to the stability and harmony of our society and public safety, becoming the government's inevitable social phenomena which we should be the focus of efforts to resolve this difficult and hot topics. While China is still a large agricultural country, the proportion of agricultural population accounts for the proportion of the population is still large, rural issues have always been a focus of our attention. In the current China's modernization and urbanization process, threating the interests of farmers are always so difficult to avoid, but also because of this, the rural mass incidents become an important part of the event.Since the 80s of last century, China's rural mass incidents experienced a process of mass incidents from the "traditional rural mass incidents" to "new rural mass incidents". At this stage, rural mass incidents have some new performance, and compared to the city group events, rural mass incidents have its unique characteristics, which provides direction and clues to looking for special treatment for the rural group incidents strategy for us. The cornerstone of control measures in rural group incidents is our rational judgments to nature of the rural group incidents. Through the analysis of the causes and characteristics of the performance of large number of events, the rural group events' nature are all contradictions among the people, with a non-political, non-confrontational, and the people of. Especially, we should distinguish the differences of nature between the rural group events and the serious violent crime and even terrorist events.According to contemporary conflict theory, in a normal democratic society, the existence of conflict is inevitable, and as long as the basic value of the objective of this conflict is the same, that is the nature of the conflict as long as the contradictions among the people, then the conflict can help eliminate factors of the division of social relations and rebuild unity, promoting social progress. While the rural group incidents are form of conflict. At this stage, the nature of contradictions among the people of the rural conflicts have an active function. It reminds us of our society between different groups exist certain issue, to remind us to resolve it as quickly as possible, so that we avoid the problem of out of control and tragedy.We must clarify the nature of the mass incidents in rural areas and the causes of the incidents. From the legal point of view to analyse the mass incidents in rural areas of China, there are legislative, judicial and law enforcement problems, and these legal issues'existence are the important reasons for the rural mass. There are some problems In terms of legislation in China. First, in the people's congress system, the congressmen are not close contact with their constituents who are on behalf and can not effectively perform the representative functions. Second, the Law of Assemblies, Processions and Demonstrations is too strict, the rights seem unreal; Third, the petition system is imperfect, the system function tends to alienation. The difficulties that exist in law enforcement is mainly the problem of law enforcement officers, including: firstly, law enforcement officers have a formalistic and bureaucratic and other undesirable style of work; secondly, some law enforcement officials have the problem of corruption. There's the plight of the administration of justice:first of all, the farmers do not trust justice; besides, the high cost of judicial activists weakening judicial relief; thirdly, narrow judicial relief.For the elimination of the causes of rural group incidents and to solve rural mass incidents, wo should find the measures from sides of legislative, law enforcement and judicial. In terms of legislation, we should strengthen the grassroot democracy and antonomy; consider the implementataion of deputis; change the Assemblies, Processions and Demonstrations Law, relax restrictions on public meetings and modified "Petition Regulations", play the role of the petition system. In law enforcement, the one must improve the work style of law enforcement officers and raise awareness of its services, making the administration comply with law; the second is to fight against corruption actively, to improve government credibility. In the judiciary, we should expand the scope of the case by the court, to consider the establishment of judicial checks and balances system, and strengthen the independence of the courts.
Keywords/Search Tags:rural mass incidents, legal reasons, legal governance
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