On The Coordination Between Litigation And Non-Litigation

As a principal social phenomenon, dispute lies in every aspect of social life. The traditional dispute resolution mechanism includes litigation and non-litigation (ADR). The two have their own advantages and defaults, and they are mutual-replenish at the same time. But we have found that there exist some serious problems in the present resolution dispute mechanism in China. The most obvious one is the irrational equipment of dispute resolution resources. So the writer holds the view that establishing and perfecting a set of multiplex resolution mechanism, which unifies litigation and ADR effectively, is no doubt an inevitability to stabilizing economy development and establishing a harmonious society.Based on the principles of dispute resolution and combined with the current situation of resolution mechanism in China, This thesis researches into the serious imbalance of dispute resolution resources and the way out from a macroscopic point of view. It is divided into four chapters besides introduction and conclusion. Chapter One is a brief introduction to dispute and its characteristics, and along with a concise investigation about the traditional resolution mechanism, and also with the social functions and deficiencies of litigation.Chapter Two studies the irrational dispute resolution mechanism in China and analyses the fundamental causes of it on the basis of facts in the practice of dispute resolution.Chapter Three deals with the concept, classification, characteristics, and deficiencies of non-litigation (ADR),and along with its mutual-replenish functions with litigation.Chapter Four intends to suggest that we should strive for establishing a set of multiplex resolution mechanism with internal coordination, and this chapter also presents the concrete tentative ideas for it in the end .The article combines theory and practice as well as situation and cause. It aims to provide a new theoretical point of view for the multiplex resolution mechanism in China through the detailed analysis.