大调解机制问题研究

发布时间：2018-11-28 20:20

【摘要】：改革开放以来,在社会转型期社会矛盾纠纷突显。面对社会复杂的形式,国家提出了依法治国的方略并同时将之写入了宪法,也将解决群众的矛盾纠纷作为政府机关的奋斗目标。但具体实施过程中却存在着众多的问题。作为矛盾纠纷解决的最主要方式之一的诉讼,却因为我国的司法体制不健全导致了诉讼并不能满足社会的需求,可是人民调解制度却慢慢失去了其应有的作用,在行政调解上除在治安调解方面有所应用外,其余行政调解已经很少运用。在社会矛盾复杂多变,群体性矛盾纠纷、恶性矛盾纠纷不段充斥着这个社会,人民群众欲借助各种手段达到保障自身合法权益与财产的目的。可是就我国现有的司法体系及他种纠纷解决机制已不能达到人民群众的要求,尤其表现在诸如征地补偿纠纷、跨区域跨部门纠纷等一系列不能借助于传统手段来解决的情况下,群众对社会的不满情绪不断高涨,信访现象严重,不解决现有问题己然危及到整个社会的稳定与安全。基于转型期的国情与背景,国家不管在法律还是方针、政策的层面都提出了整合社会资源共同解决社会矛盾纠纷的要求。最初是在人民调解的方针中提及整合矛盾纠纷解决资源,进而司法部出台的人民调解相关规范中鼓励运用各种方法解决纠纷,再到后来最高人民法院出台专门的司法解释,以及到最近颁布实施有《中华人民共和国人民调解法》中也明显提及到运用大调解解决纠纷。在国家政策的鼓励下,各地开始实施大调解机制解决矛盾纠纷的尝试。虽然各地在开展大调解的过程中取得了许多成就,但随之而来的也有不尽如人意的地方。
[Abstract]:Since the reform and opening up, in the social transformation of social contradictions and disputes highlighted. Facing the complicated form of society, the state put forward the general plan of governing the country according to law and wrote it into the constitution at the same time, and also took the settlement of contradictions and disputes among the masses as the goal of government organs. However, there are many problems in the concrete implementation process. Litigation, as one of the most important ways to resolve contradictions and disputes, however, because of the imperfect judicial system in our country, litigation can not meet the needs of the society, but the people's mediation system has gradually lost its due role. In addition to the application of administrative mediation in public security mediation, the other administrative mediation has been rarely used. In this society, social contradictions are complex and changeable, group contradictions and disputes, malignant contradictions and disputes do not fill this society, the people want to use various means to protect their legitimate rights and property purposes. However, the existing judicial system and other dispute resolution mechanisms in our country can no longer meet the requirements of the people, especially when a series of disputes, such as land requisition and compensation disputes, cross-regional and inter-departmental disputes, cannot be resolved by traditional means. The public's discontent with the society is rising, the phenomenon of letters and visits is serious, and failure to solve the existing problems will endanger the stability and security of the whole society. Based on the national conditions and backgrounds in the transition period, the state has put forward the requirement of integrating social resources to solve social contradictions and disputes in the aspects of law, policy and policy. At first, it was mentioned in the policy of people's mediation that the resources for conflict and dispute resolution should be integrated. Then, in the relevant norms on people's mediation issued by the Ministry of Justice, various methods were encouraged to resolve disputes, and then the Supreme people's Court issued a special judicial interpretation. And recently promulgated and implemented in the people's Republic of China people's mediation law also mentioned the use of great mediation to resolve disputes. Encouraged by national policies, various regions began to implement mediation mechanisms to resolve conflicts and disputes. Although many achievements have been made in the process of great mediation, there are also some shortcomings.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926

【参考文献】