和谐社会视野下的民间调解
发布时间：2019-03-01 12:15
【摘要】：社会生活中,只要人与人的交往存在、个体利益和个体差异存在,矛盾纠纷就不可避免,为了维护社会的和谐稳定,必须建立有效地纠纷解决机制。而且,随着人类社会的不断发展,人们的交往活动日益增多,利益关系也变的更加复杂,社会矛盾呈现出多元化的趋势。民间调解作为一种纠纷解决方式,经过几千年的传承,在我们国家有着深厚的基础。它以民间力量自治主导,有高效便民、及时灵活的特性,与政府主导的诉讼方式正好形成互补。从国外的情况看,那些实现了法治现代化的西方国家,也正将目光转向民间调解,试图建立多元化的纠纷解决机制。而我们这方面却显得滞后——这十几年间我们努力完善法治,去忽视了其它非诉讼的纠纷解决方式。随之而来的是诉讼案件的急剧增加,司法系统难以应对,以及传统的非诉讼纠纷解决方式的弱化。正如费孝通先生所说,法治的好处尚未完全得到,抛弃传统的恶果却已显现。本文以和谐社会视野下的民间调解为题,研究民间调解的目的正是为了服务于和谐社会。 本文第一部分首先介绍了民间调解的基本理论,包括民间调解的概念、产生原因、种类和特征以及运行模式。第二部分是分析民间调解对于构建和谐社会的意义,也就是为什么要研究民间调解,正是由于民间调解能够为构建和谐社会发挥作用。第三、第四部分则是对民间调解的状况调查和分析,通过对民间调解的历史演进、民间调解的常见形式、民间调解的时政调查和域外民间调解的情况考察,了解民间调解的状况,并通过对它的状况分析揭示传统民间调解的兴盛原因和现有民间调解存在的问题。最后,第五部分谈了一下对于完善民间调解服务和谐社会的构想。
[Abstract]:In social life, as long as human interaction exists, individual interests and individual differences exist, contradictions and disputes are inevitable. In order to maintain social harmony and stability, it is necessary to establish an effective dispute resolution mechanism. Moreover, with the continuous development of human society, people's communication activities are increasing day by day, interest relations become more complex, social contradictions show the trend of diversification. As a dispute resolution method, folk mediation has a profound foundation in our country after thousands of years of inheritance. It is self-governing by folk power, efficient and convenient for the people, timely and flexible, which is complementary to the government-led litigation mode. From abroad, the western countries which have realized the modernization of the rule of law are turning their attention to folk mediation and trying to establish a pluralistic dispute settlement mechanism. But we are lagging behind-we have been trying to perfect the rule of law and ignore other non-litigation dispute resolution methods over the past decade. Followed by the sharp increase in litigation cases, the judicial system is difficult to deal with, and the traditional non-litigation dispute resolution weakening. As Mr. Fei Xiaotong said, the benefits of the rule of law have not yet been fully attained, but the consequences of abandoning tradition have emerged. This paper focuses on the folk mediation in the view of harmonious society, and the purpose of the study is to serve the harmonious society. The first part of this paper introduces the basic theory of folk mediation, including the concept, causes, types and characteristics of folk mediation, as well as the mode of operation. The second part is to analyze the significance of folk mediation for the construction of a harmonious society, that is, why to study folk mediation, it is precisely because folk mediation can play a role in the construction of a harmonious society. The third and the fourth part is the investigation and analysis of the situation of the folk mediation, through the historical evolution of the folk mediation, the common forms of the folk mediation, the current political investigation of the folk mediation and the investigation of the situation of the folk mediation outside the territory. To understand the status of folk mediation, and through the analysis of its status to reveal the reasons for the prosperity of traditional folk mediation and the existing problems of folk mediation. Finally, the fifth part discusses the idea of perfecting the folk mediation service harmonious society.
【学位授予单位】：河南科技大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
本文编号：2432418
[Abstract]:In social life, as long as human interaction exists, individual interests and individual differences exist, contradictions and disputes are inevitable. In order to maintain social harmony and stability, it is necessary to establish an effective dispute resolution mechanism. Moreover, with the continuous development of human society, people's communication activities are increasing day by day, interest relations become more complex, social contradictions show the trend of diversification. As a dispute resolution method, folk mediation has a profound foundation in our country after thousands of years of inheritance. It is self-governing by folk power, efficient and convenient for the people, timely and flexible, which is complementary to the government-led litigation mode. From abroad, the western countries which have realized the modernization of the rule of law are turning their attention to folk mediation and trying to establish a pluralistic dispute settlement mechanism. But we are lagging behind-we have been trying to perfect the rule of law and ignore other non-litigation dispute resolution methods over the past decade. Followed by the sharp increase in litigation cases, the judicial system is difficult to deal with, and the traditional non-litigation dispute resolution weakening. As Mr. Fei Xiaotong said, the benefits of the rule of law have not yet been fully attained, but the consequences of abandoning tradition have emerged. This paper focuses on the folk mediation in the view of harmonious society, and the purpose of the study is to serve the harmonious society. The first part of this paper introduces the basic theory of folk mediation, including the concept, causes, types and characteristics of folk mediation, as well as the mode of operation. The second part is to analyze the significance of folk mediation for the construction of a harmonious society, that is, why to study folk mediation, it is precisely because folk mediation can play a role in the construction of a harmonious society. The third and the fourth part is the investigation and analysis of the situation of the folk mediation, through the historical evolution of the folk mediation, the common forms of the folk mediation, the current political investigation of the folk mediation and the investigation of the situation of the folk mediation outside the territory. To understand the status of folk mediation, and through the analysis of its status to reveal the reasons for the prosperity of traditional folk mediation and the existing problems of folk mediation. Finally, the fifth part discusses the idea of perfecting the folk mediation service harmonious society.
【学位授予单位】：河南科技大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
【引证文献】
相关硕士学位论文 前1条
1 徐前贞;论农村土地承包经营纠纷的调解[D];浙江农林大学;2012年
，本文编号：2432418
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