Study On China's Diversity Dispute Resolution Mechanism

Non-litigation dispute resolution mechanism has increasingly become the object of attention and study of many Western scholars over the past half century. During 1980s, China eventually embarked on the road of the rule of law in the modern sense. With the thorough implementing of the rule of law, the rapid growth of litigation is turned out not compatible with the social environment of our transition period. In recent years, the important role of various non-litigation dispute resolution mechanism in the adjustment of social relations to resolve social contradictions has regained the judicial policy's attention. Nowadays scholars reach a basic academic consensus that the relationship between litigation system and non-litigation dispute resolution mechanism is functional complementary, and we must reasonably coordinate the relationship between the two to establish diversity dispute resolution mechanisms. Non-litigation dispute resolution mechanism covers very wide range of contents. The author analyzes the theoretical basis of the non-litigation dispute resolution mechanism, and describes the problems in Status disputes in China in transition and appropriate dispute resolution mechanism. And basis on this, the author proposes several suggestions to perfect the non-litigation dispute resolution mechanism.This essay is consisted of preface, content and conclusion. And this content is divided into four parts.The first chapter is in general introduction of the non-litigation dispute resolution mechanism. Firstly, this part introduces the concept, characteristics and basic types of the system. Secondly, it analyzes the foreign non-litigation dispute resolution mechanism and proposed relevant enlightenment to our country.The second chapter discusses the important theoretical basis of the non-litigation dispute resolution mechanism. Through theoretical explanation in four major areas of social autonomy, rule of law, new acquaintances social, cultural, traditional and the usage of indigenous resource, this part provides the theoretical basis for the necessity and rationality of the non-litigation dispute resolution mechanism.The third chapter analyzes the disputes during the transition status and dispute resolution in the current situation. From the current situation of China's dispute, this part gives the reasons, and detailed analysis lies in the status of People's mediation and arbitration.The fourth chapter gives the suggestion of perfecting the non-litigation dispute resolution mechanism. This chapter provides a non-litigation dispute resolution mechanism of the perfect proposal from both the macro and the specific way.