论人民调解的理论与实践发展
发布时间：2018-11-06 07:34
【摘要】：浙江“民”闻天下、市场发达,加强民营企业调解委员会、专业市场调委会等特色调委会建设,既是进一步促进经济不断发展的客观要求,也是进一步拓展人民调解工作领域,切实落实“哪里有人群,哪里就有人民调解组织；哪里有纠纷,人民调解工作就在哪里发挥作用”的工作要求。2008年,浙江省司法厅赵光君厅长在视察临海市社会矛盾调处中心(全市性人民调解机构)时,对该市人民调解的创新工作给予了充分肯定,并指示：“要进一步总结经验,争取在全系统推广”。经过四年多的探索与实践,临海市的人民调解工作在原有的基础上,取得了很大的突破。人民调解区别于法律诉讼,“作为社会综合治理的一种手段,作为非诉讼纠纷解决的一种民问机制,它所创造的那种相对于诉讼宽松、融洽、民主,重教化、重情理的定位以及其特有的人际关系整合功能,无疑使当事人的裂痕容易修复,从而更有利于和谐社会的构建”。’人民调解,历史悠长,是我国的优秀文化传统。据史书记载,在西周奴隶制时代的官府中,就设有“调人”、“胥吏”的官职,专门从事调解、平息诉讼工作,等同于今日所说的人民调解工作。经历几千年的文化演变与历史锤炼,人民调解工作也在不断发展与完善,尤其是2011年出具了《人民调解法》,使得人民调解工作更加规范化,并有了法律的保障。另外,加上今近年来各级党委、政府的重视,人民调解在工作体制、工作方法等方面也不断改进,在一些地区也取得一定程度的成效,比如比较出名的有“枫桥经验”,还有浙江临海的“杜桥经验”,也曾得到浙江省司法厅的认可与推广。当然,人民调解在实践过程中还存在着一定的问题和困难,还有很多具体工作需要去完善,但当务之急应是在历史文化与现代理论的基础上,进行机制方面的改革与完善,用适应新形势社会经济发展需要的人民调解机制推动人民调解工作得有效运行、健康发展。人民调解是顺应经济社会发展的必然趋势,我们应该朝着这个大方向,立足我国现在社会发展的实际,开展符合社会发展需要的人民调解之路。
[Abstract]:Zhejiang's "people" know the world and the market is well developed. Strengthening the construction of special mediation committees for private enterprises and specialized market mediation committees is not only an objective requirement for further promoting the continuous economic development, but also a further expansion of the areas of people's mediation work. Effectively implement "where there is a crowd, where there is a people's mediation organization;" Where there is a dispute, the people's mediation work will play a role ". In 2008, Director Zhao Guangjun of the Department of Justice of Zhejiang Province inspected the Center for the Adjustment of Social contradictions (citywide people's Mediation Organization) in Linhai City." Full recognition of the innovative work of the city's people's mediation was given and instructions were given: "to further sum up experience and strive to promote it throughout the system". After more than four years of exploration and practice, Linhai people's mediation work on the basis of the original, has made a great breakthrough. People's mediation is different from legal litigation. "as a means of comprehensive social management and as a non-litigation dispute resolution mechanism of the people, the people's mediation creates a kind of lenient, harmonious, democratic and civilized system relative to litigation," he said. The location of emphasis on reason and its unique function of integrating interpersonal relations undoubtedly make the rift of the parties easy to repair, thus more conducive to the construction of a harmonious society. " People's mediation, with a long history, is our excellent cultural tradition. According to the historical records, in the official government of the Western Zhou Dynasty, there were "transfer people", "petty officials", specialized in mediation, quell litigation work, the same as the people's mediation work today. After thousands of years of cultural evolution and historical practice, the people's mediation work has been developing and perfecting, especially the people's Mediation Law issued in 2011, which makes the people's mediation work more standardized and guaranteed by law. In addition, in addition to the importance attached by party committees and governments at all levels in recent years, people's mediation has been continuously improved in terms of the work system and working methods, and has also achieved a certain degree of success in some regions, such as the "maple bridge experience" that is more famous. There are Zhejiang Linhai "du Bridge experience", has also been recognized and promoted by the Department of Justice of Zhejiang Province. Of course, there are still some problems and difficulties in the practice of people's mediation, and there are still a lot of concrete work to perfect, but the urgent task is to reform and perfect the mechanism on the basis of historical culture and modern theory. To promote the effective operation and healthy development of the people's mediation work by means of the people's mediation mechanism adapted to the needs of social and economic development in the new situation. People's mediation is an inevitable trend in accordance with the economic and social development. We should move in this direction, base on the reality of our country's social development, and carry out the road of people's mediation that meets the needs of social development.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926
本文编号：2313577
[Abstract]:Zhejiang's "people" know the world and the market is well developed. Strengthening the construction of special mediation committees for private enterprises and specialized market mediation committees is not only an objective requirement for further promoting the continuous economic development, but also a further expansion of the areas of people's mediation work. Effectively implement "where there is a crowd, where there is a people's mediation organization;" Where there is a dispute, the people's mediation work will play a role ". In 2008, Director Zhao Guangjun of the Department of Justice of Zhejiang Province inspected the Center for the Adjustment of Social contradictions (citywide people's Mediation Organization) in Linhai City." Full recognition of the innovative work of the city's people's mediation was given and instructions were given: "to further sum up experience and strive to promote it throughout the system". After more than four years of exploration and practice, Linhai people's mediation work on the basis of the original, has made a great breakthrough. People's mediation is different from legal litigation. "as a means of comprehensive social management and as a non-litigation dispute resolution mechanism of the people, the people's mediation creates a kind of lenient, harmonious, democratic and civilized system relative to litigation," he said. The location of emphasis on reason and its unique function of integrating interpersonal relations undoubtedly make the rift of the parties easy to repair, thus more conducive to the construction of a harmonious society. " People's mediation, with a long history, is our excellent cultural tradition. According to the historical records, in the official government of the Western Zhou Dynasty, there were "transfer people", "petty officials", specialized in mediation, quell litigation work, the same as the people's mediation work today. After thousands of years of cultural evolution and historical practice, the people's mediation work has been developing and perfecting, especially the people's Mediation Law issued in 2011, which makes the people's mediation work more standardized and guaranteed by law. In addition, in addition to the importance attached by party committees and governments at all levels in recent years, people's mediation has been continuously improved in terms of the work system and working methods, and has also achieved a certain degree of success in some regions, such as the "maple bridge experience" that is more famous. There are Zhejiang Linhai "du Bridge experience", has also been recognized and promoted by the Department of Justice of Zhejiang Province. Of course, there are still some problems and difficulties in the practice of people's mediation, and there are still a lot of concrete work to perfect, but the urgent task is to reform and perfect the mechanism on the basis of historical culture and modern theory. To promote the effective operation and healthy development of the people's mediation work by means of the people's mediation mechanism adapted to the needs of social and economic development in the new situation. People's mediation is an inevitable trend in accordance with the economic and social development. We should move in this direction, base on the reality of our country's social development, and carry out the road of people's mediation that meets the needs of social development.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926
【参考文献】
相关期刊论文 前4条
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2 王杏飞;;人民调解意见刍议[J];中国司法;2012年08期
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4 洪振华;;加强人民调解与构建和谐社会[J];佳木斯大学社会科学学报;2008年02期
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