On The Research Of The Alternative Dispute Resolution Mechanisms Based On The Construction Of A Harmonious Society

The Party' 17^th Congress Report clearly pointed out that should be the in-depth implementation of the Scientific Concept of Development, and actively to build a socialist harmonious society and to the community through the development of increased material wealth, and constantly improving the people's livelihood, but also through the development of safeguard social fairness and justice and promoting social harmony. Strengthening the Alternative Dispute Resolution Mechanisms to study is beneficial to the construction of a harmonious society. The Alternative Dispute Resolution Mechanisms to be the perfect solution become an important theoretical and practical study. This study mainly in the following areas:(1) Study on the construction of a harmonious society and the alternative dispute resolution mechanisms correlation analysis. The building of a harmonious society is an important objective and guiding ideology for the proper resolution of the social disputes and the construction of the alternative dispute resolution mechanisms. The alternative dispute resolution mechanisms for building a harmonious society are the performance of the applicability of the main reduce dispute resolution costs, the effective realization of a harmonious social relations, and efficient use of judicial resources. The goal trends of the alternative dispute resolution mechanisms based on the construction of a harmonious society is reflected mainly in the diversification of the dispute resolution mechanisms; the autonomy and priorities of the dispute resolution mechanism choices; the legitimacy and harmony of the alternative dispute resolution mechanisms.(2) The analysis of the problems and causes of the alternative dispute resolution by the Harmony Perspective. As countries have different national conditions, ADR from the special needs of countries play a different role. In the early stages of the development of the legal system to ADR, it creates a rule of law with "sustainable development" and the settlement of disputes ecological rationality of the special significance. China's ADR to mediate for the traditional symbol, and the People's Mediation has entered the modern transition, and the start into the global trends of ADR. At present, China's current ADR has the major problems including a wide range of dispute resolution mechanism set up is not perfect enough, administrative mediation mechanisms, legal relief mechanism, an early warning mechanism are not perfect enough. The main reasons for these problems are the "litigation-omnipotent" unlimited expansion, the lack of ADR authority, and the negative attitude of the local government and the courts.(3) The path selections of the alternative dispute resolution mechanisms based on the construction of a harmonious society. Firstly, the strengthening of the alternative dispute resolution mechanisms includes the concept of innovation: the diversification ideas, the concept of autonomy, the harmonious concept. Secondly, based on the interests of coordination of the harmonious management, the integrations and improvements of the alternative dispute resolution mechanisms need to improve the people's mediation mechanism and to build judicial ADR mechanism and to construct a new civil ADR mechanism, and to improve "conciliation" mechanism. Thirdly, strengthening the path expansion of the alternative dispute resolution mechanisms needs the government in harmony to fulfill the responsibility of governance. In the alternative dispute resolution mechanisms building, it not only need to play a mediation role in the government's administrative, and the government needs to build other alternative dispute resolution mechanisms and a good social environment. it major includes: to increase the effectiveness of the legal mediation mechanism, to improve the related policies and regulations of the alternative dispute resolution mechanisms, to built early warning mechanisms of the social mechanisms of the alternative dispute resolution mechanisms, to improve the legal relief channels of the alternative dispute resolution mechanisms, and to construct harmony administrative cultural of the alternative dispute resolution mechanisms.