Study On The Construction Of Community Courts In Xianyou Court

With the acceleration of the urbanization, the area originally belonging to the villages is gradually changing over to the urban communities. Because of the influx of immigrants, society of strangers and the semi-acquaintance society is eroding the acquaintance society day-by-day. As an organization of mass self-government, neighborhood committee's authority suffered unprecedented challenges. There are too many departments participating in the governance of the existing community, but the rights and responsibilities between the various departments are not standardized, and the relevant supporting mechanisms have not yet been formed. As a result, the contradictions within the community can not be resolved in time. There is an urgent need for an authoritative and neutral department to resolve the existing disputes. Under the influence of the current" Moderate socialization of litigation mediation", only judicial neutrality can not meet the needs of the community. People hope that the judicial resources can be more convenient to cater to the growing judicial needs of the community. Thus, to solve the disputes in the community better and faster, many local courts in China take the initiative to put judicial resources under, creat a similar community court model and working mechanism. Community court is established as a new method by the Court to deal with social and judicial practice needs and to explore a new measure of working focus on "service for the overall situation, justice for the people". Community court, a neutral or a judge, involved in civil disputes in advance, resolving the contradictions at the basic level, meeting the new demands and expectations of the people, and promoting the construction of a harmonious society, is different from government agencies.Firstly, this thesis expounds the purpose, significance, research methods, the theoretical basis and foundation of the study on community court, and introduces the present situation of community court in domestic and international. It also elaborates the concepts of the community, community court, multi-dispute resolution mechanism ect., which lay the foundation for the research and analysis of the following.Secondly, this thesis introduces the construction of community courts in Xianyou, and emphasizes the opportunities brought by the construction of the diversified dispute resolution mechanism in Xianyou community courts. At the same time, it also raises issues about the lack of enough attention and relevant policies, lack of material support, incomplete dispute mediation docking mechanism, single dispute resolution, less propaganda, insufficient personnel and so on in current community court construction.Thirdly, the causes of the problems are studied from the internal and external aspects in the construction of Xianyou community courts.Finally, based on the above problems and reasons, and drawing on the experience of constructing community court in other places in China, this thesis proposes to strengthen the leaders' attention, improve the process of handling cases, put in appropriate funds, clarify the main rights and obligations, expand the scope of the dispute resolution, enhance the propaganda work, introduce social "community judges" and other aspects to further improve the community court construction in Xianyou.