As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.T...As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.The 60-year development of the"Fengqiao Model"has always focused on the overall design of the dispute resolution system,which provides a foundation and plenty of materials for understanding these structural relationships.Combined with the development of social theory,this paper summarizes a general structural theory of dispute resolution mechanisms based on the"Fengqiao Model."This theory advocates that the structure of dispute resolution mechanisms is the outcome of the integration of state intervention,social self-regulatory,and their interactions with various dispute resolution mechanisms.It can be used to explain the formation and change of the dispute resolution system in China,the structural strain in recent years,the overall plan of structural adjustment since 2012,and the next strategic core of profound adjustment.It also can be used to explain why the"Fengqiao Model"is so persistent and widely applicable,and how the"Fengqiao Model"be converted from a local model to an overall requirement,showing the great meaning of adhering to and developing the"Fengqiao Model'at present.展开更多
Lawyers＇ participation in political life marks the maturity of a country＇s rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes b...Lawyers＇ participation in political life marks the maturity of a country＇s rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes beyond their role in dealing with individual cases. The legal profession functions in a variety of ways： participating in legislation and promoting legal progress; assuming responsibilities in government departments; influencing the formulation and implementation of just policies; acting as a bridge between the government and the public; responding to the claims of different interest groups; etc. At the same time, the legal profession has some negative impacts on the rule of law, as evidenced in the infiltration of commercialism into the profession, giving absolute priority to clients＇ interests, and excessive litigation. To keep these downsides under control, we need a legal culture and institutional basis that are a good fit with the rule of law. It is also necessary to update traditional mindsets, adopt rights-based standards, uphold the supremacy of the law, and promote the formation of a legal community.展开更多
The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal jus...The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal justice. Justice is a crucial factor in effective linkages between social governance and the path to the rule of law, and the attainment of good social governance through justice is a basic marker of a rule of law society. Using the rational choice framework to examine representative individual cases, we can see that theories of participatory governance, self-governance and polycentric governance provide an approach to the interpretation of extreme social contradictions and the reduction of social conflicts, thus constituting a theoretical support and guiding direction for the reform of the judicial system. This will enable us to create a dispute resolution mechanism consistent with the concept of societal governance and judicial principles.展开更多
基金This article is a temporary result of the study titled"Research on the Structure of Diversified Dispute Resolution,"a general project funded by the 2021 National Social Science Foundation(No.21BFX183).
文摘As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.The 60-year development of the"Fengqiao Model"has always focused on the overall design of the dispute resolution system,which provides a foundation and plenty of materials for understanding these structural relationships.Combined with the development of social theory,this paper summarizes a general structural theory of dispute resolution mechanisms based on the"Fengqiao Model."This theory advocates that the structure of dispute resolution mechanisms is the outcome of the integration of state intervention,social self-regulatory,and their interactions with various dispute resolution mechanisms.It can be used to explain the formation and change of the dispute resolution system in China,the structural strain in recent years,the overall plan of structural adjustment since 2012,and the next strategic core of profound adjustment.It also can be used to explain why the"Fengqiao Model"is so persistent and widely applicable,and how the"Fengqiao Model"be converted from a local model to an overall requirement,showing the great meaning of adhering to and developing the"Fengqiao Model'at present.
文摘Lawyers＇ participation in political life marks the maturity of a country＇s rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes beyond their role in dealing with individual cases. The legal profession functions in a variety of ways： participating in legislation and promoting legal progress; assuming responsibilities in government departments; influencing the formulation and implementation of just policies; acting as a bridge between the government and the public; responding to the claims of different interest groups; etc. At the same time, the legal profession has some negative impacts on the rule of law, as evidenced in the infiltration of commercialism into the profession, giving absolute priority to clients＇ interests, and excessive litigation. To keep these downsides under control, we need a legal culture and institutional basis that are a good fit with the rule of law. It is also necessary to update traditional mindsets, adopt rights-based standards, uphold the supremacy of the law, and promote the formation of a legal community.
基金an achievement of"Research on the Models,Rules and Reform Directions of the Socialist Legal System with Chinese Characteristics"(14AKS009)a major project of both the National Social Science Fund of China and Plan 2011 of the Collaborative Innovation Center for Judicial Civilization
文摘The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal justice. Justice is a crucial factor in effective linkages between social governance and the path to the rule of law, and the attainment of good social governance through justice is a basic marker of a rule of law society. Using the rational choice framework to examine representative individual cases, we can see that theories of participatory governance, self-governance and polycentric governance provide an approach to the interpretation of extreme social contradictions and the reduction of social conflicts, thus constituting a theoretical support and guiding direction for the reform of the judicial system. This will enable us to create a dispute resolution mechanism consistent with the concept of societal governance and judicial principles.
