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On Further Perfection In The Ways To The Settlement Of China’s Disputes Through Non-lawsuit

Posted on:2013-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2246330371999246Subject:Law
Abstract/Summary:PDF Full Text Request
In the current, the great changes in the society and the rapid economic in development. There are more exchanges and contacts with people.so that the conflict of interest and disputes are showing new、complex and diverse characteristics. The existing dispute settlement mechanism can no longer meet the needs of a large number of dispute resolutions.Countries legal practices have proved that a single dispute resolution method can not resolve all social disputes.when we are selecting corresponding dispute solutions,we should according to the nature of the dispute, both sides of social relations, and the right size. China is also trying to build a defense outside the dispute settlement mechanism, so that the mechanism of the non-litigation dispute resolution could play an important role in resolving the particular dispute, and it has achieved certain results. However, China’s litigation dispute resolution mechanism still has some problems. For example, it does not built a unified coordination mechanism for dispute settlement mechanisms, and the litigation, lawsuit and intermediation mechanism are imperfect. The quality of the mediator is also generally not high. To make resolving disputes more quickly and efficiently, litigation dispute resolution mechanism must be improved.The establishment of a system would have its own value. The alternative dispute resolution is also no exception. Through years of practices, the value of the alternative dispute resolution has been endorsed by the people. It not only is good for people to reduce dispute resolution cost and conducive to the manifestation of the parties’ autonomy, but also conducive to establish a harmonious society.The alternative dispute resolution is long-standing in china, has deep roots in history. Mediation was called "Oriental wonder", which originated in the Western Zhou Dynasty. The modern mediation is still one of the important dispute resolutions in China. Similarly, arbitration, administrative ruling and other litigation dispute resolution settlements play an important role in social disputes. Also, the existing alternative dispute resolution has defects in the concrete practice of the process. It is not conducive to sustainable of litigation dispute resolution mechanism.Throughout the development of overseas national laws, the non-litigation dispute resolution is also an important dispute settlement. Many countryis had built alternative dispute resolution, which had their own unique features according to their actual situation.There are many litigation dispute resolution mechanism are worth of our reference, for example, mediation system in Japan, the UK National Lawyers ADR network and professional dispute settlement body.We should base on the resources of the existing dispute resolution, learn useful experience from other countries, and according to China’s national and social conditions, to improve our alternative dispute resolution. Specifically, it including the following aspects:Firstly, we can build a specialized alternative dispute resolution; secondly, we should better to sound the docking mechanism to improve the contact with the alternative dispute resolution and the court; thirdly, we can try to cultivate and support the professional industry-based dispute.
Keywords/Search Tags:alternative dispute resolution, significance, system, perfect
PDF Full Text Request
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