On The Dilemma Of Dispute Resolution By Law

Our country is now in the period of social transformation, there are many reasons for the high occurance and intensified rate of social conflicts and dispute, which includes rapid economic development, continuous boost of reform, adjustment to interests of various fields, and competition for social resources and pursuit for interests of people, and this has become a reality that we can't avoid in the period of social transition. With the raise of the people's awareness to rights, more and more disputes are resovled by trial. However, the litigation, as a public protection, has to face the embarrassment that it can not resolve the disputes which leading to the result of high rate of appeal, compulsive execution and Xinfang. The judgement made by the law are always considered as injustice by clients.The case in this article is just the"case winded up but not dispose a matter"dispute handled by court. The author tries to demonstrate the whole resolution process includes how did the dispute happen, how did the case enter into the trial, and how did the case solve by judicial procedure.Yang Ling and Li Qiong once were good friends with ten-year relationship, but the relationship was destroyed because of partnership in future trading. The reason is that Yang Ling privately invested accounts, which making Li Qiong encounter unnecessary losses. Li Qiong withdraw all money from the account because of repeatedly transfer of the future trading company. Li Qiong wanted to consult with Yang Ling. But Yang Ling sued Li qiong. Along with the involve of the law, the contradiction got more intensified. Li Qiong got evidence with immoral ways, and Yang Ling came to the court to execute relationship and get relationship. The dispute between two parties upgraded and exploded finally in the process. The aim of resolving dispute, forming legal order and fulfilling social control got failed. The termination of this case didn't mean the resolution of disputes and the final formation of legal order. In another words, it means the judgement didn't resolve the contraversy of clients.The author has no intention to interprete the dilemma of dispute resolution by law in a grand view of tradition and morden times or perspective of conflicts of China and West. Instead, the author starts from experience, then makes the conclusion by analyzing the materials, which the apparent cause of the dilemma of dispute resolution is the misunderstanding and mistrust of clients, the inner cause is that the law as a dispute resolution way has its own inevitable limit. As a way of dispute resolution, law is weak in finding evidence, protecting right effectively, conflicts of formal justice and substantial justice, high value. The author suggests that in order to solve the various difficulties about the conflicts of legal dispute, we should establish the resolution mechanism of the justice-center first, and we should solve a lot of disputes before the time of trial, which makes the justice as the last shelter to protect our rights. Second, we should cultivate the trust to legitimacy in order to eliminate the legal crisises of law, and then form authority of law so as to resolve disputes better.