On Diversified Dispute Resolution Mechanism For The Construction Of And Improvement

Dispute is the product of behaviors between people, and it is also a widespread social phenomenon. Dispute is opposed to order. If there is a dispute, it means that social order within certain scope has been broken, and society will be instable, and people will be injured. Although dispute can promote social progress in a sense, continuing disputes will always have more negative impacts on society in the whole. So inhibiting the occurrence of disputes or handling disputes timely becomes one of the central issues in various forms of society. Disputes can be resolved through litigation and non-litigation, and these two ways also have highlighted advantages and defects which are difficult to eliminate. These defects will lead the two settlements can not resolve disputes reasonably and effectively. In the long run, these defects may make disputes upgrade and deteriorate. So, from the perspective of sociology of law, analyzing the causes of disputes, seeking appropriate ways to resolve disputes, and combining litigation and non-litigation in dispute settlement, will have important significances on constructing and improving the diversification of China's dispute settlement mechanism as well as the harmonious development of society.In this paper, on the basis of the analysis of a wide range of disputes settlement, starting from the causes of disputes, and combining with basic situation and development trend of disputes in China now, I will study the scopes of application about litigation and non-litigation in dispute settlement, and the convergence between the two. In addition to the introduction and conclusion, the full text can be divided into three parts. From the concept and the nature of dispute, the first part analyzes the subjective and objective reasons leading to disputes. The second part mainly analyzes two ways in dispute settlement and pionts out factors which affect people's choices in dispute resolution. Through the reality of the facts and the evidence in dispute resolution, it analyzes existing problems in dispute resolution as well as the convergence between litigation and non-litigation dispute settlement in China now. The third part mainly demonstrate the need for building and improving the diversification of China's dispute settlement mechanism. On the basis of Learning western developed countries'experiences in construction of diversified dispute settlement mechanism and practical experiences in China, it promotes the program to construct diversified dispute settlement mechanism which meets China's national conditions.This paper uses many research methods from Sociology of Law. Through the analysis of the causes of disputes and dispute settlement, it will provide us a new perspective to construct and improve the diversification of China's dispute settlement mechanism and to build a harmonious society in China.