A Legal Research For Alternative Dispute Resolution(ADR) In China

Community dispute resolution mechanism behind the complex background of the community as a whole,it is the socio-economic,political,cultural,and other results of a comprehensive work.Therefore,it is the first in people's social and material life of the practice of analysis to explain aspects of the construction of the dispute settlement mechanism.However,the establishment of such a mechanism is also a result of rational design.Judicial proceedings to resolve a dollar dispute the reality of the status of institutional and non-litigation dispute resolution mechanism and establishment of the importance,but also from the perspective of these two analytical perspectives.This paper follows the structure of arrangements for the article and start from the perspective of the following analysis.First of all,the legitimacy of the existence of the ADR,given the rationality of theoretical analysis:the law is a way of life,but not the only option,non-legal social norms and institutional design can still achieve the ideal life of Chinese people;understanding of the law should be pluralistic,formal law, the existence of ADR based on a variety of social norms,civil law and the development of interactive coordination of law in order to effectively achieve the objectives of the modern rule of law;the rule of law development and the choice of dispute settlement,it is necessary to pay attention to local resources,because any knowledge of where there is a problem;the operation of a modem legal form of a more rational and the form of justice,will result in the specific dispute settlement on the lack of real justice,and ADR will be effective to close this gap;In traditional Chinese culture and background,the dispute settlement in the interests of the parties in addition to competing for,regardless of the rights and obligations,there are emotions,the complexity of the demands of social relations;the rights of law-based view of the view that litigation is a fight for rights,the realization of the rights of the authority of formal channels,rather than litigation to resolve disputes using ADR should also be encouraged to exercise their rights of way;in human history,the three powers of the relief pattern is still co-exist in modem society,the role of co-occurrence and private relief and social force conversion in the modem form of relief is the ADR form of expression play a role in the origin and foundation. Secondly,the existence of ADR in our country and development of sociology, economics and cultural analysis:ADR in our country there is the modern rule of law and development needs of social development in rural society as a result of relatively weak state power,social relations and the complexity of social roles and acquaintances of the requirements of social needs and human relations caused by a combination of factors such as;dispute resolution options to measure the costs and benefits:the input and the proceeds from the national analysis,the parties dispute both the input and benefit analysis point of view to draw the existence of ADR in China the legitimacy of the development;the traditional Chinese legal culture,by the "no-advocacy" and "tired of First Instance," the concept of the proceedings,the traditional Confucian philosophy and culture,of "fairness,justice and order" of Chinese social values and traditional understanding of family and a profound impact on the concept of state in modem contemporary to existed in the form of national psychology.Once again,the development of China's ADR status,problem and improve the idea.The status quo and the crux of the problem:ADR in dispute resolution has yet to play its due role in:a dollar-led judicial proceedings,dispute resolution a serious imbalance in the allocation of resources;the use of judicial resources is not fair; litigation and ADR mechanisms do not form a whole;ADR social existence and development of need to improve the environment;ADR to deal with the fairness of the outcome of the lack of security and effective implementation.Perfect idea:to strengthen the legislation,the establishment of a national system of support for ADR; play the role of civil society;ADR development of the rule of law to be included in the track of development;establish and improve the multi-dispute settlement mechanism.Characteristics of the ADR will briefly analyze the concept.