试论我国社会中非常规性纠纷的解决机制

On the Irregular Disputes and Decision System thereof in China

采取特殊的动员与对抗方式,涉及全局或局部稳定,难以用常规性程序或常规性手段加以解决的社会纠纷是我国现实社会矛盾的集中表现形式。这类非常规性纠纷及其解决机制所关涉的问题,溢出了常规性司法的专业化及技术化范畴,更折射出我国政治、法律及社会运行的深层背景。从社会和谐的目标出发,广泛动员并利用政治、司法及各种社会资源,有效应对和处置这类社会纠纷,这是提升我国社会纠纷控制与解决能力的关键所在。

Irregular disputes involving a certain community presented in the form of special manipulation and confrontation are noticeable social phenomena in present China. Such disputes now present features such as diversified classifications, confrontations against governmental policy and behavior, large scale, organization and radical ways of behavior, etc. Such conflicts are mainly rooted in the unequal distribution of interest and benefit among different social members in a period of economic transition. Institutions and sources available for the proper settlement of the disputes are far from adequate. An efficient mechanism needs to be conceived and put into operation in order that such disputes can be properly addressed to. Such mechanism, after being set up, still needs to be further improved. The main considerations in this regard will have to relate to the due consideration of the claims and appeals of the community, of the positive and negative factors, diversion to a more pertinent settlement mechanism, of legality of the handling procedure and of the settlement strategy. In terms of the concrete settlement measures, efforts need to be made in the following aspects： firstly, there must be a centralized panel through which information conceming a massive dispute can be gathered and analyzed and coordination can be quickly sought. Secondly, judicial institutions ought to be called on to solve some of the irregular disputes; Thirdly, improvement of the non- judicial dispute settlement mechanism; Finally, special measures have to be taken to set up necessary specialized institutions whose main functions are to settle the massive conflicts.