On Adjustment between “Grand Mediation” and Court Justice under the Theory of Social Structural Tension
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    Abstract:

    At present, China society is in a risk period of comprehensive structural tension. There also exists structural tension between “grand mediation” and court justice, and nowadays the existing “grand mediation” which takes the people’s mediation and court mediation as its main content has failed to control the total amount of social disputes. The reasons of the structure tension should be attributed to following causes: in legislation field, statutes supply is not enough; in political field, too much emphasis is put on the unilateral governance; in concept field, society fall into a quagmire of elitism. According to the logic of dispute resolution, the only way to break the structure tension lies in: for the long-term planning, we should take the Judicial center principle as the top of future dispute settlement mechanism; and for the recent planning, court should adhere to the conservative principle of judicial activism, and cooperate with the party and government organs to solve social disputes by means of focusing resources.

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刘澍.社会结构紧张视域下“大调解”对法院司法的影响[J].重庆大学学报社会科学版,2014,20(2):123~130

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History
  • Received:June 19,2013
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  • Adopted:
  • Online: December 08,2014
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