China Folk Arrive Obtains

After the second world war, the rapid development of society caused by the action of new type and quantity of judicial system growing lawsuit forward new demands and challenges. It is found that the phenomenon of "explosion" action is increasingly frequent and social rights increasingly strong dual role of the results. In this context, the original system of justice due to its own limitation, make people can't pursue to the biggest benefit, so most of the country's judicial system for people have noticed. In this social context, the western countries and the world as a whole is lifted the transformation of the civil justice system, in order to solve this situation. While developing Alternative Dispute Resolution obtains () to relieve pressure, advocate the action mechanism of reconciliation is an economic strategy. Obtains the developing, many of the dispute resolution institution of folk unceasingly, on the surface of these folk organization scattered, reduced the action mechanism of case of pressure, but deep things far more than that. The development of folk obtains a more profound significance. It makes the social disputes, and society in order to get contradicting everything in existence, but it is in the power of the state intervention to attain. This makes people realize law is not the only means of realizing the social order. To form the rule of law shows the rational order may not make people close to the essence of justice, instead of folk obtains good solve conflicts, to realize the maximization of the interests, social service and treatment of function, obtains absolute is not aimed alternative dispute, a type of folk "autonomy", is a miniature of the folk management ", a link. China is also busy obtains folk, how should construct the suitable for Chinese folk obtains is currently urgent needs to solve the problem. This paper is aimed to obtains the system in China, and to construct, based on the national conditions of China and adapt to the folk obtains.