Study On The Diversified Dispute Solution Mechanism In China

With the Diversification and complexity of the daily disputes, apparently litigation cannot satisfy huge amounts of disputes, while also cannot adapt to and solve some new cases. So, a lot of non-litigation dispute resolution methods emerge as the times require, which sometimes become the best ways to solve some certain types of disputes. In a pluralistic society, with so many diversified disputes, it is the time to build a solution mechanism to guide all the disputes solution methods. This paper studies on the diversified dispute solution mechanism by comparative analysis and comprehensive analysis, in order to explore how to build a efficient, low-cost and sustainable system of disputes solution, which has profound significance to constructing a harmonious society.The first part of this paper introduces the debate of the concept and the defining standard of the diversified dispute solution mechanism, for more in-depth exploration of the diversified dispute solution mechanism.The second part analyses the reason of the survival of the diversified dispute solution mechanism from three aspects——social background, the limitation of the traditional litigation to resolve disputes and the features of the diversified dispute solution mechanism.First of all, the ideological basis of the diversified dispute solution mechanism includes the change of social values and demand, the shock from the ideas of China and western countries and the impact made by Marxism. Its social basis is the diversified social elements from diversified social.Secondly, the reason why the diversified dispute solution mechanism is able to survive is that traditional litigation meets a variety of obstacles when resolving disputes, which indicates that litigation is not the best solution to solve all disputes.Finally, when discussing the diversified dispute solution mechanism’s characteristics, namely to that the principle of independent choice can makes up the litigation’s shortages, we can see the value of a mechanism to resolve disputes.At the same time, there is a need to clarify the relationship between ADR and the diversified dispute solution mechanism in China, especially the relationship between ADR and litigation——not separated but interacting positively. It plays an important role to balance the relationship between ADR and litigation in the diversified dispute solution mechanism.The third part of this paper discusses ADR from the United States, England and Japan, with the point of taking the essence and discarding the dross, in order to explore the enlightenment from all above discussed by comparative analysis.The fourth part, even though the diversified dispute solution mechanism is able to compensate for the shortages of litigation system, it also has many defects. This part treats the existing problems of the diversified dispute solution mechanism as the starting point to explore the deeper reason.The fifth part put forward some countermeasures to build the diversified dispute solution mechanism in China, when based on the four parts aboved discussed.On one hand, from macroscopic views, is to determine the goals and principles of the diversified dispute solution mechanism in China, which is based on to design relevant rules.On the other hand, from microcosmic views, is to perfect the diversified dispute solution mechanism in China, such as:to clear idea obstacle, to perfect legislation and to improve the system design of the diversified dispute solution mechanism, especially to establish the docking mechanism to coordinate every disputes solution methods.At last, the epilogue is that whether litigation dispute solutions or non-litigation dispute solutions are composed of the diversified dispute solution mechanism. It should be "conservative" and "innovational" to structure the diversified dispute solution mechanism in China.