Research On The Mechanism Of Alternative Dispute Resolution

At present, China is in a stage full of dramatic changes and there are all kinds of conflicts and disputes. As a result, the people's courts are confronted with a heavy load of cases and the efficiency of litigation is greatly limited. It makes people realize that it is necessary to reduce the burden of the people's courts while all social members have access to realize legal justice. The autonomy of social members should be advocated on the premise of rule of law. The principle of considering profits and efficiency simultaneously while the equality and justice in resolving disputes is emphasized. The function of the mechanism of alternative dispute resolution is brought into full play while the legal system of civil litigation is improved. All the mentioned above makes it clear that the mechanism of alternative dispute resolution is a good choice to resolve disputes. The mechanism of alternative dispute resolution, represented by the United States of America, includes various means and resolutions to the extra-litigation disputes. It has developed gradually since 1980s in western countries. It can resolve disputes feasibly, rationally distribute judicial resources and lower the cost of resolving disputes. In this thesis, the author begins with the brief introduction of the mechanism of alternative dispute resolution, and probes into the theoretical basis for the mechanism. Based on the comparative research in the mechanism in the continental legal system and the Anglo-American legal system, the author, from the perspective of travel disputes, makes research in the mechanism of alterative dispute resolution in China from, finds out the problems existing in the mechanism and puts forward his suggestions on improving the mechanism for setting up an efficient, convenient, just, and diversified alternative dispute resolution which is adaptable to the situation in China.