Research On The Multivariate Dispute Resolution Mechanism In China

This paper is divided into four parts, the present situation of the multivariate resolution contradiction dispute mechanism is introduced, the reasons that the existed multivariate contradiction dispute resolution mechanism are analyzed, the existing problems in the multivariate contradiction dispute resolution mechanism are pointed out, based on this, suggestions and opinions constructing the multivariate contradiction dispute resolution mechanism are put forward.Chapter One Current Status Quo of the Multivariate Dispute Resolution MechanismThe writer analyzes emphatically the status quo of the multivariate dispute resolution mechanism, pointing out that the lawsuit is still the main way of resolving social contradiction disputes. Based on this, the multivariate dispute resolution mechanism of arbitration, civil mediation, administrative ruling, and non-routine resolution mechanism, etc. still exist, and they bear the solved responsibility of contradiction and disputes. At the same time, lawsuit, civil mediation, administrative ruling, and the characteristics, advantages and disadvantages, etc. of non-routine resolution mechanism are introduced roundly and analyzed deeply.Chapter Two The Main Reasons of Forming the Multivariate Dispute Resolution MechanismFrom four aspects, the prominent problems existing in the process of solving the contradiction and disputes leaded by the people'court are analyzed deeply, including the increase of judicial lawsuit cases of the people'court, the prominent contradiction of more cases, less people, solving social disputes inadequately, not satisfying the needs of solving all the disputes. The effect of judicial dispute resolution deviates from people's expectations, the parties are not satisfied with the results completely with the hidden trouble of the social contradictions still existing. In the process of judicial disputes resolution, the increase of non-regularization operation behavior in the process of judicial dispute resolution brings some difficulty and some resistance for the normal resolution of solving disputes. Non-lawsuit dispute resolution mechanism is not used fully and effectively. The multivariate dispute resolution mechanism does not get the social ratification like the lawsuit, which brings some difficulty for the establishment, completion, improvement and operation.Chapter Three The Main Problems Existing in the Multivariate Dispute Resolution MechanismThis paper is analyzed from three aspects. One is that the rational knowledge of judicial limit lacks in the society. Lawsuit is the primary choice of solving contradiction disputes by the common people, the multivariate dispute resolution mechanism is not paid more attention fully, and the social basis formed by the multivariate dispute resolution mechanism lacks. Two is that the deficiency of the multivariate dispute resolution mechanism, the dispute resolution ways of people's mediation, judicial mediation, administrative mediation, arbitration and lawsuit have not formed a multivariate dispute resolution mechanism with a benign interaction and complementary function. Three is that the people's court is still inadequate to solve disputes. Some social contradictions are not solved by the people'court, the role of the people's court resolving disputes is always limited.Chapter Four The Improved Suggestions of the Multivariate Dispute Resolution MechanismThis part is the main body of this paper. After the present situation of the multivariate dispute resolution mechanism is introduced roundly, the existing problems and the reasons are analyzed, the solution of constructing the multivariate dispute resolution mechanism is put forward, and four suggestions are put forward. One is setting up and improving the benign development mechanism of non-lawsuit disputes resolution way. Strengthening the people's mediation, promoting the development of the arbitration service, strengthening and standardizing the administrative mediation dispute, exploring the new way of solving the industrial dispute by the industry association and the professional social organization, and the role of lawyers in solving disputes needs to be given full play. Two is setting up and improving the coordinated development mechanism of all dispute resolution ways in the lawsuit, strengthening mediation from the omni-directional and multi-level view, paying more attention to the role of court's arbitrament, with more other ways in the lawsuit applied to solve the contradiction disputes, improving the quality of judicial work fully and effectively, in the level of practice promoting the effective operation of the multivariate dispute resolution mechanism. Three is establishing and improving the mechanism of joining and coordination between various dispute resolution ways, constructing the big mediation system at the grass-root level , improving the cohesion mechanism between lawsuit and non-lawsuit dispute resolution, strengthening the joining and coordination among non-lawsuit dispute resolution ways, and building the collection, sharing and interactive mechanism of information, four is the timely legislation specification, paying attention to the public opinion guide.ConclusionWhen improving the judicial system constantly, the function of non-lawsuit dispute resolution mechanism shall be given full play, constructing and improving the multivariate dispute resolution mechanism, making up the defects resulting from the limits of justice, which are the necessary requirements of solving contemporary social disputes effectively and constructing the harmonious society.