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The Participation Of Lawyer’s Social Organizations In The Conflict Resolution: Theoretical Perspective And Empirical Research

Posted on:2017-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:X W WuFull Text:PDF
GTID:2296330503459518Subject:Public Administration
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In the social transformation under the new situation, the contradictions among the people caused by the adjustment of social distribution relations increasingly prominent. Unstable factors increased and contradiction is more professional. The only contradictory mechanism cannot fully meet the needs of residents to resolve the growing contradiction.The Eighteenth National Congress of the CPC and the eighteen sessions of fourth plenary session were held successfully, Shanghai No.1 issue requirements are implemented, the legal service system of grass roots community was built. Professional social organizations to participate in grassroots conflicts have become a kind of reality and trend. How to expand the mechanism of social organizations to participate in the conflict resolution? How to maximize the role of social organization? How to further construct and promote the community legal service system? More and more scholars are worth thinking about these questions.According to the overall deployment of the major spirit and social management innovation, Shanghai introduces the lawyer’s social organizations to promote the resolution of contradictions. The lawyers’ service has turned into a project. The work of lawyers is in transition and upgrade. At the same time, there are more and more lawyer’s social organizations in the country to participate in the social contradictions to resolve them. They become an indispensable force in the team.The research perspective of this article is mainly focused on two aspects of the existing theories and practical experience. Existing theories, combing the public management theory, social organization theory, administrative law theory, etc, analyze the different requirements of different theories for the lawyer’s social organizations to participate in the conflict resolution. Practical experience, the first is to resolve the history and status quo of Shanghai lawyer’s social organizations to participate in the resolution of contradictions. We mainly choose the Fumin legal service center and the Shanghai female lawyer association as the classic case. Analysis and comparison of those organizations can give us inspiration. Second, the development of social organizations at home and abroad is discussed. The main examples of the lawyer’s service organization of domestic and the examples of foreign lawyers to participate in the social organization are compared. Those function orientation, power source and operation modes are different.According to the comparison results of theoretical and practical cases, four major problems are presented in this article: 1) Difficult to locate the function. 2) Less power source. 3) Operation mode is not standardized. 4) Face legal risks. The existence of these four problems directly restricts the development of the social organization of lawyers. The specialization and efficiency of social conflict resolution are reduced.Aiming at the cause of the problem, this article also provides according solutions: 1) Removal of the administrative tendency of the social organization of lawyers. 2) Improve the management mode of the lawyer’s social organization. 3) Open up new channels of cooperation between government and community. 4) Improve the relevant laws and the implementation of policy. 5) Innovation and development of volunteer training mechanism.Lawyers social organizations involved in the conflict resolution, the theory of perfect and social practice is equally important. We hope that this research can provide the help for the development and improvement of the social organization of lawyers. Resolving social conflicts through the participation of lawyer’s social organizations will truly professional, convenient and efficient.
Keywords/Search Tags:Lawyer, Social Organizations, Conflict Resolution
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