On The Idea Promotion Of Pluralistic Dispute Settlement Mechanism In China

So long as the human society exists there are disputes. The dispute settlement directly relates to the prevention and control of disputes and conflict, achievement of people's rights, and stability of social order. It can be said that the dispute resolution mechanism is one of the core sectors of social control and governance, and the rational allocation of the mechanism is very important for the social order and the promotion of the society development. Today our society is facing many challenges, such as the shortage of material resources, the ecological deterioration of environment, the imbalance of economic and social development, etc. We can't tolerate the significant costs and losses that caused by disputes. Our human society has not much room to undertake the great waste that disputes bring to us. The dispute settlement should downplay the influence of political system and ideology, also the dispute settlement mechanism must be equipped with software, such as a good system and social environment, and the corresponding organizational and human resource support. We humans need to improve our own life quality (including the natural environment we rely on). We must set up the dispute settlement mechanism that is non-violent, dialogue- consultation dominated and good idea guided. Chapter one of this article begins with the outline of dispute settlement principle from the angle of social control, social governance and right to relief, then describes the definition and basic form of diversified dispute settlement mechanism and emphatically outlines ADR, that is the collective name of outside litigation dispute settlement method, practice and system. The fourth part of chapter one summarizes the theoretical and practical situation of China's diversified dispute settlement mechanism and puts forward the overall idea of improvement. At China's present situation, the primary thing is to change the concept of dispute resolution, and to promote the ideas, such as pluralism, the rule of law, the right to autonomy, effectiveness concept, procedure values, the spirit of contract, and the concept of rational dialogue. Correspondingly, we should increase the relevant human resource investment and organization building. Chapter two analyzes the ideas that pluralistic dispute settlement mechanism manifests or should follow. Chapter three expounds systematically the way to promote the ideas of pluralistic dispute settlement mechanism from the angles of human resource investment, organization and institution building, legal education and dispute resolution skill training, etc. Chapter four outlines the development trend of pluralistic dispute settlement mechanism and makes some forecasts to the future society.