Modern-society Dispute And All-around Dispute Solution-mechanism Study

Dispute is the behavior created of unbalanced social order which root in social main body producing contradiction for seeking or maintaining benefits in mutually associate based on fact of resources scarcity. The dispute solution mechanism of modern society already developed from the supernatural authority, personal authority and legal authority to all-around organic system include non-litigation dispute solution which litigation dispute solution is the center. It is produced and pushed by the basic contradiction as follows. Rule of law and autonomy are different authoritative power of dispute solution. Equity and efficiency are dissimilar worth criterion of dispute solution. Procedural justice and substantial justice are corresponded to favor of different dispute solution mechanism. Judicial dispute solution and non-litigation dispute solution satisfy to different requirement respectively and be rectified and supplemented continuously. The dispute solution mechanism of modem society is the all-around organic system of dispute solution which judicature is the center. The Alternative Dispute Solution arise in many countries currently indicate all the means except litigation, reflecf introspect and recognition to rule of law. We should grope for the change of our country's dispute solution mechanism actively in theory and practice through draw lessons from other countries' experience and be established in native rule of law fulfillment at the same time.