Reflection and Reconstruction: Study on the Multiplex Dispute Resolution Mechanism of China

摘要

The rule of law is not perfect and the justice also has its limitations, the disadvantages of overreliance on judicial procedure have become increasingly evident in the social transformation period. Alternative Dispute Resolution(ADR) is more and more important in today's world, multiplex dispute resolution mechanism has become an inevitable choice. To build a set of multiplex dispute resolution mechanism, there are not only deeply historical traditions and widely social basis in China, but also mature experiences from some foreign countries such as the United States and Japan. In the basis of present dispute resolution methods such as lawsuit, arbitration and mediation, we should pay more attention to the ADR in order to resolve disputes more effectively. We must provide multiplex dispute resolution for the members of society to meet their legal needs on different levels and multi-value pursuing. On the basis of the theoretical researches and empirical analysis, this paper is a systematic discussion on the multiplex dispute resolution mechanism including its concept, the theoretical basis, China's traditional resources and foreign experiences, and points out China's present situation and the lack of our dispute resolution mechanism. Finally this paper proposes the comments and suggestions to establish and perfect our dispute settlement mechanism.