- Tytuł:
- Les juridictions sociales en Pologne
- Autorzy:
- Rybicki, Marian
- Powiązania:
- https://bibliotekanauki.pl/articles/44315089.pdf
- Data publikacji:
- 1972-12-31
- Wydawca:
- Polska Akademia Nauk. Instytut Nauk Prawnych PAN
- Tematy:
-
social court
Polska - Opis:
- The article tackles the problem of social courts and social conciliation commissions and jury existing in Poland and in other socialist countries, being the realization of a Marxist-Leninist theory of the state. These institutions provide accomplishment of constitutional rule of increasing the engagement of working classes in the governance of the state (with the broadest meaning of the “governance”, including justice administration). It is highlighted that the engagement of the citizens in the jurisdiction is an important feature of newly created society. As the participation of jury is an element of civil factor in the professional jurisprudence, the social courts are somewhere in the middle, between mediation and justice administration, and are purely social element with no professional background. As such the social courts may be seen as the realisation of communist idea of social self-governance.Short part of the article is devoted to the previous attempt of introduction of social courts and the reasons of its failure. Idea introduced by the Decree of the 2nd February 1946 on the law of citizen’s courts. It’s civil character was to be granted by the fact, that the non-professional citizen’s judges were to be elected by municipal national council. Unfortunately, the complexity and the formality of their functioning caused lack of interest in their foundation and finally their liquidation.Further part of the article analyses briefly the Law of the 30th March about social courts. They were created as a response to a social initiative in workplaces (social courts) or cities, communities and villages (social conciliation committees). The adopted regulation was modelled on the workers’ court in Wrocław and the conciliation commission functioning in Łódź. Their main function was to educate and prevent, and their effectivity was based on the moral authority and personal experience of their members. They were devoid of repressive function, and could apply only educative measures as: obligation to repair the damage, apology the victim, caution, reprimand or payment for a social aim (but very limited). The execution of the decision of the social court was voluntary. The model regulation of their functioning is proclaimed by the Front of National Unity’s National Committee and the Central Council of Trades Unions.In the next part of the article we can find a brief overview of the main sort of cases before the aforementioned institutions and the analysis of statistics of disputes gathered by the social conciliation committee in the countryside and in the cities. We can also find here the statistics concluding the functioning of the both institutions, their popularity and effectiveness.Author concludes that very important is lack of formal procedures what helps to resolve different kind of cases without reference to certain legal act. It also help to educate new society, free from the class conflict and introduce the mediation as the best way to resolve interpersonal conflicts.
- Źródło:
-
Droit Polonais Contemporain; 1972, 17-18; 19-29
0070-7325 - Pojawia się w:
- Droit Polonais Contemporain
- Dostawca treści:
- Biblioteka Nauki
Artykuł