论和谐社会理念下的“对话式”纠纷化解机制——以“荣昌模式”为例

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传统的纠纷解决机制已经无法满足我国社会的客观需求,“对话式”纠纷化解机制应运而生。该机制在理念与体制上有创新,突出当事人的主体性与自主性,对接对话调解与诉讼效力,结合法律权威与市民社会。但是,在探索过程中应当正确处理司法权、行政权与基层民主自治权的关系,正确处理化解纠纷与保持社会平衡的关系,正确处理“对话式”纠纷化解机制与传统纠纷解决机制的关系。 The traditional dispute resolution mechanism has been unable to meet the objective needs of our society, “dialogue style ” dispute resolution mechanism came into being. The mechanism is innovative in concept and system, highlighting the parties’ subjectivity and autonomy, connecting dialogue mediation and litigation effectiveness, combining legal authority with civil society. However, in the process of exploration, we should correctly handle the relationship between judicial power, executive power and grassroots democratic autonomy, properly handle the relationship between resolving disputes and maintaining social balance, and correctly handle the “dialogue” dispute resolution mechanism and the traditional dispute resolution mechanism relationship.
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