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Mind Your Own Business

Posted on:2009-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q DanFull Text:PDF
GTID:2206360248951012Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
Based on a case of meddling, this study analyses the operation rules of meddling, which is a particular folk-mediation mechanism, by interdisciplinary research methods. At the same time, from the point of view of a meddler, the author re-views the people's mediation system, and put forward some new ideas for the reform of people's mediation system.In the introduction, author raises the problem, and explains the methods and significance of this research. The statistics shows that from 1986 to 2005, the number of the people's mediation committees, mediators and the folk disputes trended to decline in general. Since 1991, every mediator only has settled about 0.6 cases every year. Why the people's mediation system tends toward declining and the meddling system is still effective? With these problems, the author starts the research. The author mainly studies at the entire meddling stories of Zhang, and also studies at other meddlers' cases, and then concludes to the operational regulation of the meddling system. According to the research, the author also concludes some theory, and finds a new way, which combines theory with practice, for folk-mediation study. This paper aims to find the operational regulation of meddling, and find some new measures for the reform of the people's mediation.Part one is an empirical research of meddling system. First, the author makes a research on the meddlesome stories of Zhang, who is living in Yongheli Residential Quarter, Congtai District, Handan City of Hebei Province. The paper introduces the contents of research and area background. Then, the author introduces a case, which Zhang particularly successfully settled and makes a deep research. Then the author makes a chart statistical analysis on the details of Mr. Zhang's meddlesome stories, and in order to make readers realize the characteristics of Zhang, introduces the other affairs that Zhang deals with. Secondly, in order to have a comprehensive understanding of meddling situation in contemporary China, the author China find out a certain number of cases on CNKI, and also through Baidu and Google search engine, searched some cases, then analyzed the characteristics. Thirdly, the author starts from the case of Zhang' case and then gets specialties of the person who likes meddle. From perspective of situations of the age, social status, eloquence, character, leisure time, daily life, senses of social responsibility, analyses the characteristics of those persons. Fourthly, this paper analyses the reasons of meddling. Based on the analysis of the recognition of self-value, satisfaction of altruism psychology, promotion of relation among members of the community, the article derives the motivation of the meddler, and finally, gets the limitations of the system of meddling from the Zhang's case.Part two: a theoretical analysis of the meddling system. This author elaborates from the following four aspects, which have close contact with each other. First of all, the author abstracts four characteristics of the meddlers, which are civil autonomy, spontaneous, temporary, and non-organized. Next, with the theory of disputes, dispute settlement mechanisms theory and third-party theory, the paper constructs a theoretical analysis framework for meddling. This is the basis of all theoretical analysis, known as the basic theory. The application of theories of dispute contributes to the understanding of the constituent elements of civil disputes handled by meddling, and helps the researcher and meddler to grasp the key points in disputes. At the same time, meddling as a special dispute settlement mechanism must be included in the general theory of the dispute settlement mechanism, in particular the theory of the third party, which is mainly on the intervention time and the extent results of involvement. This guides us into the third step - state of dispute. Finally, the article returns to the fundamental problem that social structure of meddling. This paper proposes that "relative acquaintances society" in contemporary China provides a social infrastructure for the continued existence and development of meddling.Part three: the authors draw some new ideas for reform of the people's mediation from the perspective of meddling. Compared with People's mediation, the system of meddling has the following advantages: First, the system of meddling is more effective for that it was originates from the folk; Secondly, the difference of main function decides that the system of meddling is more effective; Thirdly, the meddlers are more active than the people's mediator; Fourthly, the system of meddling is more effective than the people's mediation in dealing with marriage and family disputes, and neighborhood disputes. Fifthly, the meddlers are usually more responsible than the people's mediators. Sixthly, the history of the system of meddling and other folk-mediation are longer than the people's mediation.Then the author considers these problems of the people's mediation from the limitations of the system of meddling: First, the impact of the modern law; Secondly, the complexity of civil disputes; Thirdly, both of them have some problems in operation; Fourthly, the people's mediation is overly dependent on political promotion; Fifthly, the people's mediator not always settles disputes with social relationships; Sixthly, mood and the interests damage affect the effectiveness of mediation.Finally, this paper draws seven proposals from the perspective of the meddling: First, a new concept of the people's mediation is put forward. Secondly, the system of meddling is able to be absorbed into the new people's mediation. Thirdly, pay more attention to their function of dispute settlement, not the political function. Fourthly, in order to intensify the connection with litigation, the "People's Mediation Law" should be made. Fifthly, with the purpose of creating of the promotion of the community, members of the villages are familiar with, create an environment for the development of the system of meddling and people's mediation, we should improve the relationship among community and village members. Sixthly, by avocation of the adoption of typical cases, the influence of good meddlers and people's mediators will be expanded. Seventhly, the diversification of new forms of people's mediation should be supported.
Keywords/Search Tags:meddle, folk-mediation, people's mediation, empirical research
PDF Full Text Request
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