A Study On The Court-Annexed ADR

ADR is the short form for Alternative Dispute Resolution. Court - Annexed ADR is the key link for the realization of functional completing each other between litigation procedure and ADR, and it' s flourishing development in western countries is drawing more and more attention. At present, there is no Court - Annexed ADR in the civil dispute resolution mechanism in our country, and the research fruits relative to it are also scarce. So, on the basis of a comparative study on the Court - Annexed ADR, this paper puts up its own view on the necessity of Court - Annexed ADR in our country, and the planning of concrete system. The paper consists of four parts, about 30, 000 words.Part I : A general review of the Court - Annexed ADR. First, the author analyses and evaluates same representative views about the Court - Annexed ADR and presents his own opinion on the concept of Court - Annexed ADR; Then, the author makes a probe into the general characters of the Court - Annexed ADR; At last, the paper thinks that Court- Annexed ADR has four functions: ensuring the chance for panties to approach justice; resoluting dispute; democratic participation of the parties; regulating the personal relation.Part n : Introduction and evaluation of the Court - Annexed ADR in the two legal families. The paper introduces and evaluates the judicial practice of the Court-Annexed ADR in the main countries and districts in the two legal families, thinking that the ADR intervening into count and flexible application of arbitration in these legislation have both provide valuable reference for the Court - Annexed ADR in our country.Part HI: The necessity of the count - Annexed ADR. The paper briefly analyses the reason why our country lacks Court - Annexed ADR, and demonstrates the necessity of the Court - Annexed ADR in our country from the following aspects: beneficial to enhancing the Court - Annexed ADR of our country; fit for the need of the provincial of china; completing the pluralism mechanism of disputing resolution in china-, beneficial to the reasonable disposing of judges resources cf our country.Part IV : The system construction of Court - Annexed ADR in China. First, the paper makes an analysis of the plans put up by the scholars of China. Then, the paper demonstrates the reasonability of the pattern of Court - Annexed mediation - Arbitration from the four aspects: mediation and arbitration have the same theoretical basis: they are engaged in the function of coordinating party autonomy and the function of judgment by the third party; they are beneficial to coordinate the conflict between substantial justice and procedure justice, and they can take use of mediation and arbitration in our country at the same time. At last, the paper provides its tentative idea about the concrete operation of the pattern.