Searching For The Harmony Between Judicial System And Extrajudicial System

ADR is the abbreviation of Altemative Dispute Reso1lltion. As a commonlyused conception, it is described in the westem cotheies as the general designation ofall extra judicial resolution, Whose connotation is as the same as that of what is calledextrajudicial system in China. The United States is the universally acknowledgedplace Where ADR originated and now developed most well. Since the 50's of twentycentury, ADR has deve1oped so greatly in USA that it contribuled enormously to theresollltion of the large sum of civil and conunercial disputes of Ainerican sQcietyChina has a long history of extra judicial system, but in the modem field of civiland commercial disputes, extrajudicial system plays a smaller roll, compared withjudicial system. In China today on one hand, a large part of the resource ofextra judicial resolution is unused, and on the other hand, there are so many civil andcommercial cases piling uP in the coUrts that the resource of lawsuit is out of supply.This terribly unreasonable phenomenon has imPeded the course of resolving thedisplltes timely and effectively, Which can not meet the development of the marketeconomy of modem China.Under this background, by studying the causes and couxse of the AJnericanADR's boom, it will be discovered that in spite of the difference of social system,cultUral tradition, economical development, ect betWeen China and USA, these tWocountries have something in common in their dispute resollltion systems. Thebooming and developmeflt of ADR is the inevitable olltcome of the developmefit ofeconomy and the rise of rights aUthorized to social subects. The construction ofmulti-modal displlte resolution system is also the inevitable trend of the time tide. Inorder to resolve the raPidly rising disputes timely and effectively, China shouldrefOrm and perfect the curreni dispute resolution system by ana1yzing the AInericanADR's advanages and disadvantages and drawing lessons from its experience. Theresouxce of dispute resolution must be arranged effectively which can make theconstruction of judicial system and extrajudicial system reasonable and makes theircooperation himoniously The dispate resolotion system will work more efficientlywhen finding the best point on whidh the judicial system and extrajudicial systemcan cooperate harmoniously.