On The Construction Of Harmonious Society And The Improvement Of Alternative Dispute Resolution Mechanism

Presently, our country is making great efforts to structure harmonious society of socialism and building a socialist country ruled by law, but simultaneous, our country is in transformation period transforming rapidly, various social disputes are obvious gradually. Facing social changes and diversified benefit conflicts, the traditional dispute resolving mechanism reveals out a lot of inherent abuses gradually.Facing the current situation of China in the transformation period, this article responses present world Alternative Dispute Resolution (ADR) tidal current, investigates and discusses the current dispute resolving mechanism of China systematically. It advocates keeping a foothold to the current situation of our country, thinking the harmonious factors in the traditional non-legal action culture reasonably, drawing the foreign ADR mechanism at the same time, developing and perfecting the replacement dispute resolving mechanism energetically, establishing the harmonious and mutually complementing procedure system and dynamic adjustment system which satisfy the various demands of the social main body, also the diversified dispute resolving mechanism.Part I of this article introduces the relationship between dispute resolving and social harmony, analyses the current situation of China's social dispute, reaches a conclusion that establishing the diversified dispute resolving mechanism is the inherent request of harmonious society. Part II introduces the foreign popular ADR mechanism and its beneficial enlightenment to the establishment of China's diversified dispute resolving mechanism under harmonious society. Part III introduces the current situation of replacement dispute resolving mechanism in China, respectively introduces the existing replacement dispute resolving ways of China such as people mediation, court mediation, administration mediation, mediation in arbitration, arbitration and mediation out of court, etc. Their existing questions are raised and the reasons are analyzed. Part IV analyzes the necessity and feasibility of perfecting ADR in China, it believes that establishing and perfecting replacement dispute resolving mechanism under China's current situation is necessary and feasible. Part V thinks about perfecting China's replacement dispute resolving mechanism, raises relevant resolving ways aiming at the abuses of China's current replacement dispute resolving mechanism. It also takes this as basis to suggest that establish diversified dispute resolving mechanism, tries to make a blueprint with inner-legal action and outside-legal action dispute resolving mechanism make effect harmoniously. It will bring its effect in establishing harmonious society of socialism.The article comes to a conclusion finally: no matter considering from the times development or the self actual benefit of the interested party, diversified dispute resolving mechanism meets the development demand of harmonious society. So, our present task is to correct the single-faceted legal concept, set up the diversified dispute resolving idea, and establish a multi-channel, high-efficiency, convenient and rapid, impartial and diversified dispute resolving mechanism.