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The Study On The Multiplex Mechanism Of Dispute Solutions In Transitional Countryside

Posted on:2008-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:X Y GuoFull Text:PDF
GTID:2166360215989506Subject:Legal theory
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The subject matter of the present paper is about the coastal country-sides of Shandong province, which are among the transitional stages from traditional blocking-out ages to the modern opening-up times. All these coastal country-sides reveal complexities and diversities in the marketing ranges, and people there possess a variety of thinking patterns, neither differing from the"Local Society"within the words of Fei Xiaotong, nor from the modern"Civil Society". In such a society, civil disputes are different from each other and the methods of solution need adjusting as well. On the one hand, Particularity of the Countryside should not be neglected and traditional resources should be fully used. Non-lawsuits could play an important part in solving the disputes. On the other hand, it is necessary to realize the realistic demand to Judicature. We should set up certain multiplex mechanisms as the last guarantee, within which the lawsuit coexists with the non-lawsuit. By this means, such multiplex mechanisms will ensure the realization of a harmonious society.The research essay has been arranged into four parts.The first part analyzes the basic features of the transitional countryside and their deep influences on the involved disputes and their solution. The new characteristics weaken the functions of traditional solution and spur the appearance of new means of solving the disputes.The second part expounds the respective advantages of the two different means of dispute solution. It points out the theoretical basis of applying the multiplex mechanisms in solving the disputes. Subsequently, the article discusses the possibility of applying the multiplex mechanisms in solving the disputes.The third part explores how to build up the so-called multiplex mechanisms in practice. Firstly, it discusses how to widely spread Judicature into the countryside. Secondly, taking the mediation committee as the center, non-lawsuit is rebuilt in order to function better in solving the disputes. At last, it comes true that lawsuit and non-lawsuit interact fluently.The fourth part mainly deals with the theoretical conflicts in designing the multiplex mechanisms. One is that laws made by government may conflict with conventional civil rules. The other is that nomocracy and autonomy are not in harmony. Through such dispute solutions, the obstacles on the way of progress can be removed, and therefore the multiplex systems will be further perfected.
Keywords/Search Tags:transitional countryside, the multiplex mechanism of dispute solutions, non-lawsuit solution
PDF Full Text Request
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