我国多元纠纷解决机制研究
发布时间：2019-05-28 16:38
【摘要】：本文共分四个部分,介绍了我国多元解决纠纷机制的现状,分析了存在多元纠纷解决机制的原因,指出了多元纠纷解决机制中存在的问题,在此基础上提出了构建多元纠纷解决机制的建议和意见。 第一章目前我国多元纠纷解决机制的现状 笔者着重分析了我国多元纠纷解决机制的现状,指出诉讼仍然是解决社会矛盾纠纷的主要方式。在此基础上,还存在着仲裁、民间调解、行政裁决、非常规性解纷机制等多元纠纷解决机制,共同承担着矛盾纠纷的化解责任。同时,对诉讼、民间调解、行政裁决、非常规性解纷机制的特点、优势、不足等各个方面进行了全面地介绍和深入地分析。 第二章形成多元纠纷解决机制的主要原因 笔者从四个方面,深入分析了以人民法院为主导的解决纠纷机制中存在的突出问题,包括人民法院的司法诉讼案件增多,案多人少的矛盾突出,解决社会矛盾纠纷力不从心,已经不能满足解决所有纠纷的需要;司法纠纷解决的效果偏离人们的预期,当事人对结果不完全满意,社会矛盾的隐患仍然存在;司法纠纷解决过程中非规则化运作行为的增多,给纠纷的正常解决带来了一定的难度、造成了一定的阻力;非诉讼纠纷解决机制未得到充分有效利用,多元纠纷解决机制没有像诉讼这样得到社会的认可,给多元纠纷解决机制的建立、健全、完善和运行带来了一定的难度。 第三章多元纠纷解决机制存在的主要问题 笔者主要从三个方面进行了分析:一是社会缺乏对司法限度的理性认识。进行诉讼是社会民众对解决矛盾纠纷的首要选择,多元纠纷解决机制没有被充分重视,缺少多元纠纷解决机制形成的社会基础;二是多元纠纷解决机制缺失,民间调解、行政裁决、仲裁与诉讼等纠纷解决方式还没有形成一个良性互动、功能互补的多元化纠纷解决机制;三是人民法院解决矛盾纠纷尚力不从心,有些社会矛盾没有也不能被人民法院解决,人民法院解决纠纷的作用始终有限。 第四章多元纠纷解决机制的完善建议 这一部分是文章的主体。笔者在全面介绍了我国多元纠纷解决机制的现状、分析了存在的问题及成因后,给出构建多元纠纷解决机制的解决办法,提出了四点意见:一是建立完善各类非诉讼纠纷解决方式的良性发展机制,即全面加强民间调解工作、推动仲裁事业发展、加强和规范行政调处纠纷工作、积极探索行业协会和专业性社会组织解决行业纠纷的新途径,并充分发挥律师在化解矛盾纠纷中的作用;二是建立完善诉讼内各种纠纷解决方式协调发展机制,全方位多层次地加强调解工作,高度重视法院判决的作用,更多地运用诉讼内其他方式化解矛盾纠纷,并全面有效地提高审判工作质量,在实践的层面上推进多元纠纷解决机制的有效运行;三是建立完善各类解决纠纷方式之间衔接配合的机制,建立基层大调解工作体系,完善诉讼与非诉讼纠纷解决方式之间的衔接机制,强化非诉讼纠纷解决方式之间的衔接配合,建立信息汇总、共享和互动机制;四是适时立法规范,注重舆论引导。 结语 在不断完善司法体制的同时,充分发挥非诉讼纠纷解决机制的功能,构建与完善多元纠纷解决机制之间相互支持、衔接、配合的格局,促使其形成合力并发挥整体功能是有效解决当代社会纠纷、建设和谐社会的必然要求。
[Abstract]:This paper is divided into four parts, introduces the present situation of the multi-component dispute settlement mechanism in our country, analyzes the reason of the existence of the multi-component dispute settlement mechanism, points out the problems existing in the multi-component dispute settlement mechanism, and puts forward the suggestions and opinions on the construction of the multi-component dispute settlement mechanism. The first chapter is the multi-component dispute settlement mechanism in China at present The current situation of the multi-component dispute settlement mechanism in China is analyzed in this paper, and it is pointed out that the litigation is still the main solution to the social contradictions. On the basis of this, there is a multi-component dispute settlement mechanism such as arbitration, civil mediation, administrative decision, and non-routine deferment mechanism. At the same time, all aspects of the litigation, the civil mediation, the administrative decision, the non-routine deprotection mechanism, the advantages and the deficiencies have been introduced and in-depth. Ground analysis. The second chapter forms a multi-component dispute resolution machine. The main reason of the system is that, from the four aspects, the author deeply analyses the outstanding problems in the dispute settlement mechanism dominated by the people's court, including the increase of the judicial action cases of the people's court and the case more The contradiction between the people is outstanding, the solution to the social contradictions is not the core, the need to solve all the disputes cannot be met, the effect of the judicial dispute settlement is deviated from the expectations of the people, and the parties are not completely satisfied with the result and the social contradiction The hidden trouble still exists; the increase of the non-regularized operation in the judicial dispute settlement process brings a certain difficulty to the normal solution of the dispute, resulting in certain resistance; the non-litigation dispute settlement mechanism is not fully and effectively utilized, and the multi-component dispute settlement mechanism is not as litigation. With the recognition of the society, the establishment, sound, perfect and running of the multi-component dispute settlement mechanism The third chapter is the solution of the multi-element dispute. The main problems of the decision-making mechanism are mainly analyzed from three aspects: one is the social shortage The litigation is the primary choice of the social people to solve the conflict, the multi-component dispute settlement mechanism is not paid enough attention, the social foundation of the multi-component dispute settlement mechanism is lacking, and the second is the lack of the multi-component dispute settlement mechanism. The dispute settlement method such as the loss, the civil mediation, the administrative decision, the arbitration and the litigation has not formed a diversified dispute settlement mechanism with a good interaction and a complementary function; the third is that the people's court is unable to solve the contradiction, and some social contradictions are not if any, that people's court may not be solved by the people's court The role of dispute resolution is always limited. The completion of the multi-component dispute settlement mechanism This part of the good suggestion is the subject of the article. The author introduces the present situation of the multi-component dispute settlement mechanism in China, analyzes the existing problems and causes, and gives the solution to construct the multi-component dispute settlement mechanism. The positive development mechanism of the settlement method of the litigation dispute, namely, the comprehensive strengthening of the civil mediation work, the promotion of the development of the arbitration industry, the strengthening and the standardization of the administrative adjustment disputes, and the active exploration of the trade association and the professional social organization to solve the industrial disputes, and fully In order to play the role of the lawyer in resolving the conflict of the conflict, the second is to set up a mechanism to coordinate the development mechanism of various kinds of dispute settlement in the lawsuit, to strengthen the mediation work in a multi-level and multi-level manner, to attach great importance to the role of the judgment of the court, and to use the other ways in the litigation to resolve the conflict. In order to improve the quality of the trial work and to promote the effective operation of the multi-component dispute settlement mechanism at the level of practice, the third is to set up a mechanism to improve the connection and cooperation between various kinds of dispute settlement methods, and to set up a large-level mediation work system of the grass-roots level and to improve the litigation and non-litigation. The connection mechanism between the litigation dispute settlement mode and the non-litigation dispute settlement mode is strengthened, and the information summary, sharing and interaction mechanism is established; fourth, At the same time, we should give full play to the function of the non-litigation dispute settlement mechanism, construct and perfect the pattern of mutual support, cohesion and cooperation among the multi-component dispute settlement mechanism, and promote the formation of the multi-component dispute settlement mechanism. The force and the overall function are effective solutions
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926
本文编号：2487204
[Abstract]:This paper is divided into four parts, introduces the present situation of the multi-component dispute settlement mechanism in our country, analyzes the reason of the existence of the multi-component dispute settlement mechanism, points out the problems existing in the multi-component dispute settlement mechanism, and puts forward the suggestions and opinions on the construction of the multi-component dispute settlement mechanism. The first chapter is the multi-component dispute settlement mechanism in China at present The current situation of the multi-component dispute settlement mechanism in China is analyzed in this paper, and it is pointed out that the litigation is still the main solution to the social contradictions. On the basis of this, there is a multi-component dispute settlement mechanism such as arbitration, civil mediation, administrative decision, and non-routine deferment mechanism. At the same time, all aspects of the litigation, the civil mediation, the administrative decision, the non-routine deprotection mechanism, the advantages and the deficiencies have been introduced and in-depth. Ground analysis. The second chapter forms a multi-component dispute resolution machine. The main reason of the system is that, from the four aspects, the author deeply analyses the outstanding problems in the dispute settlement mechanism dominated by the people's court, including the increase of the judicial action cases of the people's court and the case more The contradiction between the people is outstanding, the solution to the social contradictions is not the core, the need to solve all the disputes cannot be met, the effect of the judicial dispute settlement is deviated from the expectations of the people, and the parties are not completely satisfied with the result and the social contradiction The hidden trouble still exists; the increase of the non-regularized operation in the judicial dispute settlement process brings a certain difficulty to the normal solution of the dispute, resulting in certain resistance; the non-litigation dispute settlement mechanism is not fully and effectively utilized, and the multi-component dispute settlement mechanism is not as litigation. With the recognition of the society, the establishment, sound, perfect and running of the multi-component dispute settlement mechanism The third chapter is the solution of the multi-element dispute. The main problems of the decision-making mechanism are mainly analyzed from three aspects: one is the social shortage The litigation is the primary choice of the social people to solve the conflict, the multi-component dispute settlement mechanism is not paid enough attention, the social foundation of the multi-component dispute settlement mechanism is lacking, and the second is the lack of the multi-component dispute settlement mechanism. The dispute settlement method such as the loss, the civil mediation, the administrative decision, the arbitration and the litigation has not formed a diversified dispute settlement mechanism with a good interaction and a complementary function; the third is that the people's court is unable to solve the contradiction, and some social contradictions are not if any, that people's court may not be solved by the people's court The role of dispute resolution is always limited. The completion of the multi-component dispute settlement mechanism This part of the good suggestion is the subject of the article. The author introduces the present situation of the multi-component dispute settlement mechanism in China, analyzes the existing problems and causes, and gives the solution to construct the multi-component dispute settlement mechanism. The positive development mechanism of the settlement method of the litigation dispute, namely, the comprehensive strengthening of the civil mediation work, the promotion of the development of the arbitration industry, the strengthening and the standardization of the administrative adjustment disputes, and the active exploration of the trade association and the professional social organization to solve the industrial disputes, and fully In order to play the role of the lawyer in resolving the conflict of the conflict, the second is to set up a mechanism to coordinate the development mechanism of various kinds of dispute settlement in the lawsuit, to strengthen the mediation work in a multi-level and multi-level manner, to attach great importance to the role of the judgment of the court, and to use the other ways in the litigation to resolve the conflict. In order to improve the quality of the trial work and to promote the effective operation of the multi-component dispute settlement mechanism at the level of practice, the third is to set up a mechanism to improve the connection and cooperation between various kinds of dispute settlement methods, and to set up a large-level mediation work system of the grass-roots level and to improve the litigation and non-litigation. The connection mechanism between the litigation dispute settlement mode and the non-litigation dispute settlement mode is strengthened, and the information summary, sharing and interaction mechanism is established; fourth, At the same time, we should give full play to the function of the non-litigation dispute settlement mechanism, construct and perfect the pattern of mutual support, cohesion and cooperation among the multi-component dispute settlement mechanism, and promote the formation of the multi-component dispute settlement mechanism. The force and the overall function are effective solutions
【学位授予单位】：吉林大学
【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 高庆萍;农村纠纷解决的现状及对策研究[D];河北师范大学;2012年
，本文编号：2487204
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