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Alternative Dispute Resolution In Solution Civil Dispute Preliminary Discussion

Posted on:2008-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:R R ZhangFull Text:PDF
GTID:2166360215458699Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Followed the reform and open policy, China's economy is obtaining the unprecedented development.Our country has been being in the social transition period, each kind of contradiction emerged one after another incessantly, and particularly in related the closest civil dispute aspect with the lives of the people to appear very many not harmonious factors. As a result of the civil dispute's private power nature, and the Alternative Dispute Resolution solved the mechanism to meet one's satisfaction characteristics, rapid, simplicity, degree of thoroughness and so on natures, Alternative Dispute Resolution has acted a strong character at the civil dispute solution aspect. Although China is well-established in the civil dispute aspect Alternative Dispute Resolution mechanism history, but because of some erroneous zones formed in the government by law modernization advancement, in the modern people trading dispute domain, the Alternative Dispute Resolution's function compared with the Lawsuit Dispute Resolution to be weak, the efficiency is somewhat low, the massive Alternative Dispute Resolution resources to leave unused, simultaneously quantity sharply increases trading cases accumulated actually in the court, the lawsuit resources falls short of demand, It has hindered the dispute effective prompt solution and affected the China market economy development advancement. Under the construction harmonious society's background the Central Party Committee proposed, how the quite overseas Alternative Dispute Resolution does solve the way, we can profits from the overseas correlation experience lesson, solves the mechanism to our country's Alternative Dispute Resolution to carry on the system the consummation,. uses Alternative Dispute Resolution to solve the civil disputes become a current important topic.The author has first carried on the outline in the first chapter to the civil disp, (?)ternative Dispute Resolution, clear about its concept, the characteristic and (?)e, and theoretically solved the mechanism movement mechanism to the Alternative Dispute Resolution to carry on the analysis, and from the root to clear about how the Alternative Dispute Resolution to be able to solve the civil dispute. Then in the second chapter, author solved the mechanism benefit, the harmonious order and the substantive fair aspect from the Alternative Dispute Resolution has carried on the value analysis. In the third chapter I carded on the inspection to overseas ADR, has carried on the appraisal to it, and pointed out is worth place which we can profit from. Fourth chapter solved the mechanism origin and the present situation to our country's Alternative Dispute Resolution has carried on the summary, and has carried on the evaluation. Finally, the author proposed consummates our country Alternative Dispute Resolution to solve the system concrete action, and relates our country currently to construct the socialism harmonious society the reality, and clear about Alternative Dispute Resolution has a great contribution to construct harmonious social.
Keywords/Search Tags:The civil dispute, Alternative Dispute Resolution, Lawsuit Dispute Resolution
PDF Full Text Request
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