A Survey To The ADR Execution In Chinese Rural Area

Accompanied with the appearance of the society, the dispute and the effort paid to solve it have never been ceased. Taking a look at dispute resolution systems, the exploration and innovation made by the people continuously can be found in each type of them.As the optimum way of the improvement of civil litigation, it takes only decades of years for Alternative Dispute Resolution (ADR) to undergo in western countries from its appearance to thriving. Its satisfied social effect arouses the attention and the related research of the whole world. As a dispute resolution system, ADR is characterized by the abundant contents, plentiful forms, including multiply new conception, which combining the traits of the traditional dispute resolutions and the recent demand and formulating a public and containable system.But in our country, there is still a controversy about the necessity and the rationality of the existence and development of ADR. The opinion of the negativists is that the "no litigation" conception is contrary to the target of encouraging our citizen to protect their rights by asking the court for help, which will not only prohibit our country to be a one ruling by law, but also make the achieved justice a fake one. The supporters insist that ADR can mitigate the judicature pressure tremendously and help the typical case to achieve the real justice.So, are there any premise and space for ADR to be transplanted in China? Is there any possibility for ADR to be part of the dispute resolution system, which can accompany with the development of the litigation? To answer these questions, we should put this subject under the specific circumstances of China to consider of. Sir Zhiping Liang had ever said: 'Such the achievable target like the democracy and legalism will face the risk to become an ideology, when they are separated from the specific issue and condition and turn to be a universal value.' Therefore, the answers to these question was tried to be find by this paper through a survey and a analysis to a typical village located at the middle area of our country.In the first chapter, the conception, the characteristics and the current condition in China of ADR have been introduced firstly; and then, in the second chapter, the significance of the ADR in the rural areas can be known from the practical figures demonstrated in the survey to the Nan Shoucheng village; and finally, in the third chapter, the contributing factor and the rationalities of ADR in the rural areas have been analyzed, which leads to the conclusion that ADR is a vital components of the many-faceted dispute resolution in the rural areas of our country.