A Study Of The Legislative Improvement Of Multiplex Dispute Settlement Mechanism

The number of disputes increase sharply, type of novel changeful is currently the characteristics of modern society transformation in China. These phenomena appear, led directly to the judicial resources tension, causes many problems. In order to deal with these problems, produced various methods of dispute solution, and to ensure that these methods of dispute solution of systematized, institutionalization construct mature is multiplex dispute settlement mechanism. In order to ensure established rational and sustainable development, the diversity of dispute settlement mechanism of mechanism must pass legislation related rules and procedures curing. This paper is discussed from the Angle of start.The first part, in order to solve the problem. Why legislation Of the multi-pronged dispute settlement mechanism itself, and the characteristics of this feature in solving realistic dissension function are discussed in this paper. Raises diversified dispute resolution mechanism of social background and law legislation value.The second part, describe the United States, Japan diversified dispute resolution mechanism of the legislation and operation, and introduces the system of Britain and Germany's lawsuit compulsory mediation system before. From these statements, find out to our country diversified dispute resolution mechanism for reference, the legislation of content, analyzed and illustrated. We can come to this conclusion, of the multi-pronged dispute settlement mechanism legalization has become consensus, although countries specific legislation system is different, but reflects the autonomy of the right to choose who respect, the maximum development alternative methods of dispute solution of the optimization, realization mechanism, ensure the settlement of the dispute.The third part of our country, running dispute resolution mechanism is discussed, especially from the Angle of legislation that the current our country diversified dispute resolution mechanisms have trouble with. And these problems are analyzed and the results say there was judicial concepts backward, lack of social resource investment; Guide mechanism, no play its proper role; No way to resolve the disputes between various set up effective coordination operation reasons.The fourth part, aimed at the problems mentioned above and its reason, this thesis proposes consummates our country diversified the legislation and the dispute settlement mechanism solution.