Civil Governance And Private Nature Of Adr

After World War II, society's rapidly expand causes lawsuit quantity and new form lawsuit's growing day by day set the massive new requests and the challenge to the legal system. We are not difficult to discover "the lawsuit explodes" the phenomenon is the people social interaction is increasingly frequent and the right idea is increasingly intense the dual function the results. Under such background, the original legal system as a result of own limitation, enables the people to pursue the biggest benefit. Therefore, the majority country's legal systems unceasing receive people's criticism. Therefore develops ADR (Alternative Dispute Resolution) to reduce the lawsuit mechanism vigorously the pressure and advocate reconciliation in the lawsuit is a good method. The ADR development vigorously, causes the folk many disputes to solve the organization to be born unceasingly. On the surface, it looked that these folk organizations dispersed the case and reduced the lawsuit mechanism pressure, but it also has the root profound significance. The Folk ADR enables the social dispute to obtain returns to normal and all these in are originally must the national authority involvement side be able to realize. This enables the people to realize that law is not the only method to realize the social order. The Folk ADR can de-conflicting, and realizes the litigant benefit maximization. The Folk ADR does not only substitutes the lawsuit solution dispute's method, but also a kind of "Autonomy".The bodies of Non-governmental Governance are the folk association which produces massively. They are folk, Autonomous and Social. The organizations which implements folk ADR also have these characteristics. So The Folk ADR and Non-governmental Governance theories have close relation.Now our country is developing the Folk ADR vigorously. How we construct and what kinds of Folk ADR should be constructed are urgent needs to solve. This article attempts to take the Non-governmental Governance as the theory frame and the analysis tool and inspects the Folk ADR.