On Court-annexed Alternative Dispute Resolution In China

Court-annexed Alternative Dispute Resolution is a significant component of a multi-disputes resolution system and the pivotal link between Court-annexed Alternative Dispute Resolution and judicial procedures. For this burgeoning dispute resolution, these functions in the shadow of law, our research on Court-annexed Alternative Dispute Resolution still stay at the level of introducing external Court-annexed Alternative Dispute Resolution. However, whether Court-annexed Alternative Dispute Resolution would function in our nation, and how we fetch in Court-annexed Alternative Dispute Resolution and make it working appropriately under our legal system are fire-new conundrums for us. The writer selected such a rough problem to study and does his best to argue that establishing Court-annexed Alternative Dispute Resolution in China is absolutely viable. The straight matter which contains 40000 words is divided to three parts for the purpose of the argumentation.The first part of this thesis is the foundation of the thesis. It begins with a study on essence of disputes and the dispute settlement mechanism, and then analyzed the disadvantage of China's current legal system in resolving disputes. Finally the author pointed out the corner of China's current dispute settlement mechanism.The second part of this thesis is the body of the thesis. After a brief introduction of alternative dispute resolution mechanism, the author intend to discuss the necessity of building Court-annexed Alternative Dispute Resolution mechanism in China based on the research of the characteristic of Alternative Dispute Resolution mechanism and Court-annexed Alternative Dispute Resolution mechanism. Then the author discussed the possibility of building Court-annexed Alternative Dispute Resolution mechanism in China from the aspects of the background of Judicial Reform, the need of construct harmonious society and the foundation of diversification.The second part of this thesis, the researching purpose of the article, is attached to build the system of Court-annexed Alternative Dispute Resolution mechanism in China. This portion surveys the actuality and the scattered practice of Court-annexed Alternative Dispute Resolution in China, analyzing the existent matters in legislation and judicatory, and finally submits a conceive that building Court-annexed Mediation is based on the principle of commission mediation.